Kaushal Pal Singh (Dr. ) [P. I. L. ] v. State of U. P. Thru. Secy. Revenue Lucknow
2015-12-17
D.Y.CHANDRACHUD, NARAYAN SHUKLA
body2015
DigiLaw.ai
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.799 area 0.101 hectares recorded as pond, Gata No.749 area 0.1010 hectares recorded as Khad Ke Ghaddhe and Gata No.752 area 0.89 hectares reserved for Panchayat Ghar situated at Village Sandilwa, Tehsil Mitauli, District Kheri. 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 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.