IN THE HIGH COURT OF ALLAHABAD
RAJESH SINGH CHAUHAN, J.
Noor Jahan - Petitioner
Versus
State of U.P., Thru. Prin. Secy. Revenue Lko. & Ors. - Respondents
Public Interest Litigation (PIL) No. 192 of 2023
Decided On : 20-03-2023
U.P. Revenue Code, 2006 - Section 67 - Order Notices - Admission - Removing Illegal encroachments - Held, In wake of development it appears that required exercise has been undertaken and appropriate orders would be passed by competent authority strictly in accordance with letter in terms of section 67 of U.P. Revenue Code court do not find any good ground to keep this petition pending - Writ Petition is Disposed of.
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 :
ii. issue a writ, order or direction in the nature of mandamus commanding and directing the opp. party no. 1 to 3 to take the action on the pending representation dated 21.02.2023 contained in Annexure No. 4 to this writ petition by speaking and reasoned order within a period as fixed by this Hon'ble Court, in the interest of justice.
iii. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties take necessary action according to the procedure prescribed U/s 26 of the UP Revenue Code 2006, in pursuance of report of revenue officials dated 10.03.2023 for removing the illegal encroachment over the public utility land in question."
4. Pursuant to the prayer learned Standing Counsel has produced the instructions letter dated 19.3.2023 preferred by the Sub-Divisional Officer, Patti, District Pratapgarh addressed to office of C.S.C. wherein it has been categorically indicated that in the issue in question the specific report from the Lekhpal has been called and pursuant to the report required exercise u/s 67 of U.P. Revenue Code, 2006 has been undertaken and Case No. T202302570401404 has been filed wherein the next date has been fixed as 24.4.2023.
5. The aforesaid instructions are taken on record.
6. In the wake of aforesaid development it appears that the required exercise has been undertaken and appropriate orders would be passed by the competent authority strictly in accordance with letter in terms of section 67 of U.P. Revenue Code, therefore, I do not find any good ground to keep this petition pending.
7. Accordingly, this writ petition is disposed of finally at the admission stage directing the competent authority to pass appropriate orders strictly in accordance with law in terms of provisions of section 67 of U.P. Revenue Code, 2006 for removing illegal encroachments by affording an opportunity of hearing to the parties concerned. However, it is made clear that if the appropriate order is not passed by the competent authority expeditiously in terms of provisions of section 67 of U.P. Revenue Code, the petitioner would be at liberty to approach this Court for redressal of the grievance.
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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