Order

28/01/2025

1. On the allegation of encroachment allegedly made by private respondent Nos.4 & 5, this PIL has been filed.

2. Learned counsel for the petitioners would submit that respondent Nos.4 & 5 have encroached upon public way situated in Khasra No.65 in village Undra, Bayad, Tehsil Rohat. Even though complaints were made but the revenue authorities are not taking final decision. Learned counsel for the petitioners refers to certain spot inspection reports to submit that when inspection was carried out by revenue authorities, respondent Nos.4 & 5 were found having encroached. It is further submitted that earlier a writ petition was filed seeking appropriate direction for removal of encroachment which was disposed of vide order dated 29.06.2022 with a direction to file fresh representation and the same to be decided by Tehsildar within six weeks. However, despite this direction, the matter has not been decided, therefore, the present petition had to be filed.

3. Learned counsel for the State would submit that it is not a public interest litigation but a personal interest litigation. He would further submit that the competent authority has already initiated proceedings under Section 91 of the Land Revenue Act against alleged encroachers which is pending consideration before Nayab Tehsildar, Jaitpur. However during the pendency of those proceedings, private respondents have filed civil suit before the civil Court and the civil Court has also directed demarcation to be made and the report to be submitted by the Commissioner. In view of the aforesaid orders and proceedings, the proceedings under Section 91 of the Land Revenue Act have been kept in abeyance.

4. Learned counsel appearing for private respondent Nos.4 & 5 would submit that the respondents are not encroachers, in fact according to respondents, the petitioners are encroachers. As the revenue authorities prepared incorrect spot inspection report/demarcation, two suits have been filed which are pending consideration before the civil Court.

5. It appears that when the civil suit was instituted, the revenue authorities/Tehsilar did not proceed further under Section 91 of the Land Revenue Act taking into consideration that a suit has been filed by the private respondents and in that suit, orders have been passed appointing Commissioner for the purpose of obtaining spot inspection report and the submission of the same before the Court.

6. In our view, in these circumstances, this PIL is not maintainable and is liable to be dismissed without commenting upon the merits of the case. Since the Tehsildar has passed the order staying its hand on account of pendency of the civil suit, it will be open for the petitioner to challenge the validity of the order of the Tehsildar.

7. Accordingly, the writ petition is dismissed.

(CHANDRA SHEKHAR SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ

38-Bharti/-