Neutral Citation No. - 2023:AHC:182152

Court No. - 49

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2107 of

2023

Petitioner :- Smt Urmila Devi

Respondent :- State Of U.P. And 10 Others

Counsel for Petitioner :- Kuldeep Singh

Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Shri Kuldeep Singh, learned counsel for the petitioner and

Shri Arunesh Singh, learned Standing Counsel for the State-

respondents No. 1 to 3 and Shri Pankaj Kumar Gupta, learned

counsel for the Gaon Sabha-respondent No. 4.

The present public interest litigation has been filed with the

following prayer:-

"To issue a writ order or direction in the nature of mandamus

commanding the respondents to remove/demolish illegal

encroachment made by land grabber over public land as Banjar

land bearing Gata No. 155 area 0.334 Hectare and Gata No. 165

area 0.2730 Hectare situated at Village Parewa (Mahuli Paschim),

Tappa Kudaraha, Tehsil and District Basti and ensure the

restoration of the Banjar Land to its old natural character."

The contention of learned counsel for the petitioner is that the plots

bearing Gata No. 155 admeasuing 0.334 hectare and Gata No. 165

admesuing 0.2730 hectare situated in Parewa (Mahuli Paschim),

Tappa Kudaraha, Tehsil and District Basti is recorded as Banjar in

the revenue records.

From perusal of the report dated 3.5.2023 duly forwarded by the

Tehsildar, as contained annexure No. 2 to the writ petition, shows

that certain persons have encroached upon the Gaon Sabha land.

Learned counsel for the petitioner submits that the report is of

3.5.2023, but till date no encroachment has been removed either by

the encrochers or no action has been taken by the authorities for

the removal of the said encroachment.

Considering the facts and circumstances of the case, it would be

expedient in the interest of justice that the Tehsildar Sadar, district

Ballia-respondent No. 3 is directed to initiate appropriate

proceedings, as contemplated under Section 67 of the U.P.

Revenue Code, 2006, to ensure that the land belonging to the Gaon

Sabha be made free from encroachment.

Since, Rule 67(6) of the U.P. Revenue Code Rule 2016 provides

the manner in which the encroachment is to be removed it is a

complete mechanism provided under the Rule for the removal of

the encroachment.

Accordingly, the public interest litigation is disposed of with a

direction to respondent No. 3 to take appropriate steps for the

removal of the encroachment from the land belonging to the Gaon

Sabha strictly in accordance with law.

Order Date :- 20.9.2023

Sumaira

Digitally signed by :-

SUMAIRA AQUIL

High Court of Judicature at Allahabad