Back
ALOK MATHUR
Ajit Kumar Sonkar @ Ajeet – Appellant
Versus
State Of Uttar Pradesh Thru. Prin. Secy. Revenue, Lucknow – Respondent
JUDGMENT :
HON'BLE ALOK MATHUR
1. Heard learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 5.
2. In light of the proposed order, notices to private respondent is dispensed with.
3. Petitioner approached this court seeking a direction to State respondents to remove the encroachment over the land of Gata No. 419Kha/0.1050 hectare situated in Village Bhadwa somvanshi, Pargana, Tehsil and District Gonda.
4. Learned counsel for petitioner submits that private respondent is illegally encroaching upon the land of Gata No. 419/Kha/0.1050 hectare situated at aforesaid village despite the fact that the same is public utility land and recorded as Rasta. He further submits that petitioner has given several complaints regarding the illegal encroachment which has been done by the private respondents over the public utility land but the same are not concluded till date.
5. Learned Standing Counsel on the other hand has submitted that petitioner has efficacious remedy under Sections 26 of Uttar Pradesh Revenue Code, 2006 where it has been provided if the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or ob
The court reinforced the principle that statutory remedies under the Uttar Pradesh Revenue Code, 2006, must be pursued for resolving disputes related to encroachments on public utility land.
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 ....
The court reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
The court established that authorities must prioritize the removal of illegal encroachments on public land, with regularization being a rare exception.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
