RAJESH SINGH CHAUHAN
Noor Jahan – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Revenue Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Pankaj Gupta, learned counsel for the Gaon Sabha.
2. In view of the proposed order notices to private respondents are hereby dispensed with as no prejudice is being caused to the private respondents by this order.
3. By means of this petition the petitioner has prayed following relief :
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
Public Interest Litigations must serve the public interest and cannot be used for personal grievances, as established in this case.
The court reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
Eviction orders under the U.P. Revenue Code require measurement and demarcation to establish illegal possession; failure to do so renders such orders unsustainable.
The court established that authorities must prioritize the removal of illegal encroachments on public land, with regularization being a rare exception.
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