Back
MANISH KUMAR NIGAM
Kanhaiya Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Manish Kumar Nigam, J.
Heard learned Counsel for the parties and perused the record.
2. This Public Interest Litigation has been filed for issuance of a writ, order or direction in the nature of mandamus, directing the respondent-authorities to take appropriate action in view of Section 67 of the U.P. Revenue Code, 2006 for removal of illegal encroachment from the plot Nos. 163, 167, which are recorded as ''Garaha'' and plot No. 165, which is reserved for ''Holika Dahan'' respectively situated in Village-Hamjapur, Tehsil-Sadar, District-Jaunpur and to restore the same in its original form within a stipulated period as may be fixed by this Hon'ble Court.
3. Brief facts of the case are that the petitioner claims himself to be a social worker and resident of Village-Hamjapur, Tehsil-Sadar, Districtt-Jaunpur. His grievance is that during the consolidation proceedings, Gata Nos. 163 and 167 are recorded as Garaha (pond) and Gata No. 165 is reserved for Holika Dahan. The aforesaid land of Gata Nos. 163, 167 and 165 have been encroached by respondent No. 9 to 15. It is further claimed that in order to get the encroachments removed by the respondent Nos. 9 to 15, application as well
The court reinforced that statutory remedies must be exhausted before invoking the High Court's extraordinary jurisdiction in matters of land encroachment.
Criminal proceedings for encroachment must be based on proper demarcation and adjudication by revenue authorities, not solely on police investigations.
The court ruled that charges under the Prevention of Damage to Public Property Act were improperly invoked, emphasizing that encroachments should be addressed under the U.P. Revenue Code, which provi....
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 held that the FIR under the Prevention of Damage to Public Property Act was an abuse of process, emphasizing that the U.P. Revenue Code provides the exclusive remedy for land encroachment d....
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
Criminal proceedings for encroachment on public land cannot supersede the Revenue Code's provisions, which provide a comprehensive framework for resolving such disputes.
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
