Court No. - 37

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 240 of

2021

Petitioner :- Bhojraj And Another

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

Counsel for Petitioner :- Abrar Ahmad Siddiqui

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Rajiv Joshi,J.

Heard Sri Abrar Ahmad Siddiqui, learned counsel for the

petitioner, Sri Bhupendra Kumar Tripathi, learned counsel

appearing for Gaon Sabha and learned Standing Counsel for the

State-respondents.

The petitioners, invoking the jurisdiction of the Court in public

interest, seek the removal of the illegal encroachment over

Gata No. 438 area 0.506 hectare situates in Village Rahpura

Karimbus (Vikas Khand Bhojpura) Tehsil Sadar, District

Bareilly which is recorded as 'Rasta' in the revenue record.

Section 26 of U.P. Revenue Code, 2006 provides that if the

Tehsildar finds that any obstacle has been created, which

impedes the free use of a public road, path or common land of a

village, he may direct removal of such obstacle and may even

use or cause to be used such force as may be necessary. The

said provision is quoted herein below:-

"26.Removal of obstacle. - If the Tahsildar finds that any obstacle impedes

the free use of a public road, path or common land of a village or

obstructs the road or water course or source of water, he may direct the

removal of such obstacle and may, for that purpose, use or cause to be

used such force as may be necessary and may recover the cost of such

removal from the person concerned in the manner prescribed".

As per Section 26, the Tehsildar is empowered to recover the

cost of such removal of obstacle from the concerned person.

In view of above, this petition is disposed of finally with liberty

to the petitioner to approach the Tehsildar by moving

application under Section 26 of U.P. Revenue Code, 2006. If

any such application is moved by the petitioner, the same shall

be decided and appropriate action shall be taken by the

Tehsildar. It is further directed that if any one is found to have

created any impediment or obstacle in the public path, the same

shall be removed. It is also directed that before passing an order

of removal/encroachment, the persons who are said to have

encroached the public path shall be given an opportunity of

hearing including respondent nos.5 and 6. The entire exercise

under this order shall be conducted and completed and the

encroachment if found shall be removed by the Tehsildar within

a period of three months from the date application by the

petitioner is moved along with a computerized copy of this

order.

Order Date :- 4.2.2021

Akbar