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2014 DIGILAW 1945 (ALL)

Banarsi Yadav v. State of U. P.

2014-07-04

D.Y.CHANDRACHUD, DILIP GUPTA

body2014
JUDGMENT Hon'ble Dilip Gupta, J. The grievance of the petitioner is that an encroachment has been made by private respondent nos.5 and 6 on Plot Nos.54, 58 and 59 situated at Village-Rampur, Pargana Belhabas, Tehsil Meh Nagar, District Azamgarh. Since a statutory remedy is available under Section 122-B of the U.P.Z.A. & L.R. Act, 1950, we are not inclined to entertain the petition. We clarify that we have not expressed any opinion on the merits of the grievance. However, since the statutory remedy is available, we permit the petitioner to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 122-B of the Act if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon. With these observations, we dispose of this petition. There shall be no order as to costs.