Court No. - 7

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 976 of

2021

Petitioner :- Bijendra Singh

Respondent :- State Of U.P. And 9 Others

Counsel for Petitioner :- Manvendra Kumar Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Rajeev Misra,J.

Case called out in revised list.

Heard Mr. Manvendra Kumar Yadav, learned counsel for

petitioner who is available on audio/video link. Learned

Standing Counsel representing respondents 1, 2, 3 & 4 is also

available.

Bijendra Singh the writ petitioner has approached this Court

by means of present writ petition filed as (PIL) for a direction to

respondent 3 to take appropriate action against respondents 5 to

10 who are making encroachment over the land of Dung Pool

(Khad Gaddha) being Arazi no. 274 measuring area 0.0360

hectare situate in Village Dhodharahi, Tappa Paravarpar,

Pargana Sidhuwa Jobna, Tehsil Kaptanganj, District

Kushinagar.

At the very outset, learned Standing Counsel contends that

Section 67 of U.P. Revenue Code, 2006 clearly provides for

eviction of unauthorised occupants/encroachments made over

the land in dispute. He therefore, contends that remedy of

petitioner lies by moving an application before competent

authority for initiating proceedings under Section 67 of U.P.

Revenue Code, 2006.

Having heard learned counsel for petitioner, learned Standing

Counsel for respondents 1 to 4 and upon perusal of record, this

Court finds that no useful purpose shall be served by keeping

this writ petition (PIL) pending.

Accordingly, this writ petition (PIL) stands disposed of finally

by directing petitioner to move a representation before

competent authority in terms of Section 67 of U.P. Revenue

Code, 2006 for redressal of the grievances as raised in present

writ petition. In case petitioner files a representation as directed

above then competent authority shall proceed to decide the

same for the purpose as to whether proceedings under Section

67 of U.P. Revenue Code, 2006 are required to be initiated or

not against respondents 5 to 10. Such a decision shall be taken

within a period of three months from the date of production of a

certified copy/computer generated copy of this order which

shall be filed by petitioner before competent authority by means

of a notary affidavit.

Order Date :- 7.7.2021

piyush