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2016 Supreme(All) 2614

ALLAHABAD HIGH COURT
V.K. Shukla, Mahesh Chandra Tripathi, JJ.
Prakash Narayan Pandey - Appellant
Versus
State of U.P. And 4 Others - Respondent
Public Interest Litigation (PIL) No. - 27205 of 2016
Decided On : 04-07-2016

Advocates Appeared:
For the Petitioner: Ravindra Kumar Mishra
For the Respondent: C.S.C.,Diwakar Singh

The judgment emphasizes the need to invoke the comprehensive legal procedures provided under the relevant Acts and dismisses the petition, directing the petitioner to pursue the available remedy under the U.P. Land Revenue Code, 2006.

Headnote:

Zamindari Abolition & Land Reforms Act, 1950 - Encroachment on Gaon Sabha land - Court emphasizes the need to invoke the comprehensive procedure provided under Section 122-B of the Act and dismisses the petition, directing the petitioner to pursue the available remedy under the U.P. Land Revenue Code, 2006.

Fact of the Case:

Prakash Narayan Pandey complains of encroachment on Gaon Sabha land and seeks the Court's intervention for its removal.

Finding of the Court:

The Court emphasizes the availability of a comprehensive procedure under Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 and directs the petitioner to pursue the remedy provided under the U.P. Land Revenue Code, 2006.

Issues: Encroachment on Gaon Sabha land, petitioner seeking Court's intervention, availability of legal remedy under relevant Acts.

Ratio Decidendi: The Court emphasizes the need to invoke the comprehensive procedure provided under Section 122-B of the Act and dismisses the petition, directing the petitioner to pursue the available remedy under the U.P. Land Revenue Code, 2006.

Final Decision: The writ petition is disposed of, directing the petitioner to pursue the available remedy under the U.P. Land Revenue Code, 2006.

JUDGMENT

Prakash Narayan Pandey is before this Court with a complaint that over Gaon Sabha land i.e. Gata No. 649 area 1.2210 hectare situated in village Monai, Tehsil Meja, Distt. Allahabad, there is encroachment, that has been so made by some trespassers of the village concerned, and said encroachment in question is not at all being removed, whereas he has already represented the matter before the authority concerned and as such, this Court should come to the rescue and reprieve of the petitioner.

2. U.P. Zamindari Abolition and Land Reforms Act, 1950 is a self contained Act and therein under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (in short "the Act of 1950"), a comprehensive procedure has been provided for wherein order of ejectment as well as damages can be imposed. A Division Bench of this Court in Misc. Bench No. - 9514 of 2014 (P.I.L.) (Ram Sijore Vs. State of U.P. & others) has already taken a view that in such a matters once a full fledged mechanism has been provided for to remedy the situation, then the said remedy should be invoked, as such, there is no occasion for this Court to permit the petitioner to by-pass the provisions, as is provided for under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950.

3. As on date the U.P. Land Revenue Code, 2006 (U.P. Act No.VIII of 2012) (in short "the Code") has been enacted by the Uttar Pradesh Legislature to consolidate and amend the law relating to land tenures and land revenue in the State of U.P. and which is holding the field, wherein full fledged mechanism has been provided for pursuing the proceedings before the Sub-Divisional Magistrate concerned. Section 67 of the Code deals with power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property. In Section 136 exhaustive procedure has been provided for, wherein order of ejectment as well as damages can be imposed, which is analogous provisions of Section 122-B of the Act of 1950 and in which it is provided that if the encroachment is on a public utility land, proceedings under Section 136 of the Code are available to be adopted.

4. Once full fledged mechanism has been provided for in the Code, in view of this, and as per the judgment of this Court in Ram Sijore (Supra), the petitioner should pursue his remedy as is available to him. The writ petition is disposed of, accordingly.


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