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2016 DIGILAW 1240 (ALL)

Habiburrahman v. State of U. P.

2016-04-06

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
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 Arazi No. 104 Kha area 1-1-16 recorded as 'pond' (Gadahi), situated at Mohalla Banjariya Khalilabad, Tehsil Khalilabad, District Sant Kabir Nagar. 2. Since a statutory remedy is available under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, 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 or, as the case may be, upon the enforcement of the new Uttar Pradesh Revenue Code, 2006 under Section 67 thereof, 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.