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Allahabad High Court · body

2015 DIGILAW 3428 (ALL)

Mohd. Shamim v. State of U. P. Thru Secy. Prin. Secy. Deptt. of Revenue Lko.

2015-11-02

D.Y.CHANDRACHUD, NARAYAN SHUKLA

body2015
JUDGMENT The petitioner, invoking the jurisdiction in a public interest litigation, seeks the removal of an alleged encroachment made on public utility land, comprising of Gata No 593 area 0.415 hectare recorded as 'Banjar' situated at Village Bawa, Pargana-Khandasa, Tehsil Milkipur, District Faizabad. 2. Since a statutory remedy is available under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms 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. 3. We, however, clarify that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties. 4. With these observations, we dispose of this petition. There shall be no order as to costs.