Court No. - 40

E-Case :- WRIT - C No. - 39713 of 2022

Petitioner :- Rameshwar Prasad

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

Counsel for Petitioner :- Utsav

Counsel for Respondent :- C.S.C.

Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Vivek Kumar Singh,J.

Heard Mr. Utsav, learned counsel for the petitioner and Mrs.

Kritika Singh, learned Additional Chief Standing Counsel for the

State-respondents.

Present writ petition is preferred for direction in the nature of

mandamus commanding the respondents to get the encroachment

removed from the Chakroad land which has been illegally

encroached by private respondents and further direction be issued

to the State respondents to construct the pucca Chak road as per

the consolidation map of village bhauri pargana tehsil Karvi which

runs from plot no. 1656 to 1705 prepared by consolidation

authority within the short stipulated period as may fixed by this

Hon'ble Court.

In support of his submission, learned counsel for the petitioner has

placed reliance upon the order dated 21.12.2011 passed by the

Division Bench of Lucknow Bench in Misc. Bench No. 12801 of

2011 (Ran Bahadur Singh Vs. State of U.P. thru. Secretary,

Revenue & Others). The said order dated 21.12.2011 is extracted

herein below:-

"1.Heard learned counsel for the parties.

2.The controversy relates to encroachment over the public land and seems to

be settled by judgment of this Court reported in [2009 (108) RD 481]: Panna

Lal and others. Vs. District Magistrate, Gautam Budh Nagar. In the case of

Panna Lal (supra), while adjudicating the identical controversy with regard

to encroachment on public way, it has been held as under:

"6. It is being noticed by the Court that in a large number of cases,

encroachments on Chakroads, Drains and other public utility lands are being

reported. Now-a-days, it has become a regular feature in the Villages of Uttar

Pradesh that the interested powerful villagers and the anti-social elements

encroach upon the Chakroads, Drains and Public utility lands etc. In

carrying out encroachments on Chakroads, Drains and Public utility lands,

the villagers and anti-social elements are taking law in their hands. Due to

encroachments on Chakroads, it has become difficult for two vehicles,

Bullock-carts or two Tractors to pass through the Chakroads. A large number

of Chakroads have been encroached by the erring Villagers in the State of

Uttar Pradesh. Day by day, the fields of the powerful and influential villagers

are eating the width and length of the Chakroads. The situation in the rural

India has become alarming and as such Survey operations are urgently

required in the villages to demarcate the Chakroads in order to save the

Chakroads, Drains and other Public utility lands etc. meant to be protected

for rural population including farmers.

7. In these circumstances, the Principal Secretary to Government of U.P.,

Revenue Department, State of U.P., is hereby directed to issue necessary

directions to all the District Magistrates of the State of Uttar Pradesh to

ensure that the encroachments on Chakroads, Drains and other Public utility

lands etc. are removed immediately after Survey and regular spot inspection

by the Revenue authorities. The District Magistrates of the Districts shall

direct the Sub-Divisional Magistrates or the Assistant Collectors to act

instantly on receiving the complaints regarding encroachments on Chakroads,

Drains and Public utility lands etc. and remove the encroachments on

Chakroads, Drains and Public utility lands etc. immediately by making spot

inspections and after going through the relevant records. The District

Magistrates shall also direct the Sub-Divisional Magistrates and Assistant

Collectors to decide the disputes/complaints regarding encroachments within

a months from the date of receipt of such applications/complaints from any

corner and take stringent and strict action with