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2016 DIGILAW 1411 (ALL)

Ambika Prasad v. State of U. P. Thru Prin. Secy. Home Deptt. U. P. Lko.

2016-04-18

D.Y.CHANDRACHUD, RAJAN ROY

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JUDGMENT In paragraph 1 of the writ petition, the following averment has been made: “That this is second writ petition of petitioner in this pretext petitioner earlier filed a writ petition for removal of illegal encroachment done by the Opposite Party No 4 & 5 over the talab land. Same was dismissed with liberty to approach State Level Committee.” 2. At the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner states that this averment is an inadvertent inclusion since, as a matter of fact, no prior writ petition was filed by the petitioner. 3. Since the statement comes from a member of the Bar which we have no reason to disbelieve, we accept the statement. On the request of the learned counsel, the aforesaid paragraph shall stand deleted from the averments contained in the writ petition and an amendment may be carried out during the course of the day. 4. 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 414 area 1.1010 hectares, which is recorded as talab, situated at Village Jeori, Pargana and Tehsil Nawabganj, District Barabanki. 5. Since a statutory remedy is available under Section 67 of the U P Revenue Code, 2006, 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 67 of the Code, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon. 6. 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. 7. With these observations, we dispose of this petition. There shall be no order as to costs.