Neutral Citation No. - 2023:AHC:117786

Court No. - 9

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1057 of

2023

Petitioner :- Chandrajit Dubey

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Shashi Shekhar Mishra,Arvind Kumar

Upadhyay

Counsel for Respondent :- C.S.C.,Abhay Kumar

Singh,Bhupendra Kumar Tripathi,P.K. Upadhyay

Hon'ble Alok Mathur,J.

1. Heard Sri Arvind Kumar Upadhyay, learned counsel for

petitioner as well as learned Standing Counsel for respondent Nos.

1 to 4 and Sri P.K. Upadhyay, learned counsel for respondent No. 6

who has filed a counter affidavit which is taken on record.

2. By means of the present writ petition, the petitioner has sought

a writ, order in the nature of writ of mandamus commanding the

respondent No. 4/Assistant Collector-Tehsildar, Tehsil-Raja Talab,

District - Varanasi to remove the illegal encroachment made by

respondent No. 6 under Section 67 of U.P. Revenue Code, 2006.

3. It has been submitted by learned counsel for petitioner that in

this regard petitioner has already moved an application before the

Sub-Divisional Magistrate, Raja Talab, Varanasi for removal of the

illegal encroachment of the Gaon Sabha on 10.11.2020.

4. It is stated that no action has been taken by the respondents

which has necessitated the petitioner for filing present writ petiton

before this Court for removal of the said encroachments.

5. Once it is noticed that a statutory provision exists for the relief

as claimed for by the petitioner before the competent authority

then this Court would not exercise similar jurisdiction. A detail

procedure has also been laid down under Section 67 of the U.P.

Revenue Code, 2006 where a report of the Revenue Inspector is

called for with regard to the allegations made in the complaint and

subsequently after giving notices and adequate opportunity of

hearing to the alleged encroachers appropriate orders are passed

under Section 67 of the U.P. Revenue Code, 2006. While passing

the order under Section 67-A of the U.P. Revenue Code, 2006, the

rights of the alleged encrochers under section 67-A are liable to

be considered.

6. In light of the above, this Court is of the considered view that

proceedings should be initiated and conducted by the competent

authority with regard to allegations made by the petitioner.

7. Accordingly, without entering into merits of the case, the writ

petition is disposed of with a liberty to the petitioner to avail

alternate remedy by moving appropriate application with regard to

his grievances before respondent No. 4/Assistant

Collector/Tehsildar, Tehsil - Raja Talab, District Varanasi within a

period of three weeks from today and in case such an application is

mvoed respondent No. 4 is further directed to proceed consider

and pass appropriate orders on the application of the petitioner in

accordance with law expeditiously.

(Alok Mathur, J.)

Order Date :- 26.5.2023

Ravi/-

Digitally signed by :-

RAVI SHANKAR SRIVASTAV

High Court of Judicature at Allahabad