Addya Prasad Shukla v. State of U. P. Thru. Prin. Secy. Revenue
2014-05-09
D.Y.CHANDRACHUD, TARUN AGARWALA
body2014
DigiLaw.ai
JUDGMENT Hon'ble Tarun Agarwala, J. The petitioner claims to be a resident of Village Bargadhi Ahirauliya, Pargana, Tehsil and District Gonda and his house is situated in Gata No.150. According to the petitioner, on the eastern side, in front of his house there is a chak road and into which the house of the fourth respondent is situated in Gata No.147. The allegation is that the fourth respondent, who is the alleged tenure holder of Gata No.147, has commenced construction and is encroaching upon the chak road which is situated in front of the house of the petitioner. The petitioner has thereafter moved the District Magistrate, Gonda. 2. In our view, the ends of justice would be met if the representation of the petitioner be directed to be considered by the Sub Divisional Magistrate, District Gonda besides whether action under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950, should be initiated if the allegation of encroachment is found to be genuine and true. 3. We clarify that any action, if necessary, shall be taken after giving notice to the fourth respondent. 4. The petition is, accordingly, disposed of. There shall be no order as to costs.