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Allahabad High Court · body

2015 DIGILAW 3813 (ALL)

Solahau v. State of U. P.

2015-12-04

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT The petitioners, invoking the jurisdiction in a public interest litigation, seek the removal of an alleged encroachment made on public utility land, comprising arazi no.1621, ad-measuring 0.0850 hectare, situated at village Chiuraha Maupakadh, ward No.11, Ajad Nagar, Maha Nagar Palika Parishad, Mahrajganj. 2. Since a statutory remedy is available under Section 122-B of the U.P. 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 petitioners 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.