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2016 DIGILAW 2514 (ALL)

Braj Bhushan Dubey v. State of U. P.

2016-07-20

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

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JUDGMENT Braj Bhushan Dubey is before this Court with a complaint that over the ponds recorded in the revenue record as Mahal Abdulla bearing Rakba No.273/2 measuring 0.193 hectare, Mahal Jalaluddin bearing Rakba No.273/4 measuring 0.084 hectare and Mahal Umda Bibi bearing Rakba No.273/2-sa measuring 0.148 hectare situated at Mauja Aamghat, Pargana & Tehsil Ghazipur District Ghazipur, there is encroachment, that has been so made by the private respondent nos.8 to 11, and said encroachment in question is not at all being removed, whereas he has already represented the matter before the authority concerned and as such, this Court should come to the rescue and reprieve of the petitioner. 2. U.P. Zamindari Abolition and Land Reforms Act, 1950 is a self contained Act and therein under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (in short "the Act of 1950"), a comprehensive procedure has been provided for wherein order of ejectment as well as damages can be imposed. A Division Bench of this Court in Misc. Bench No.9514 of 2014 (P.I.L.) (Ram Sijore Vs. State of U.P. & others) has already taken a view that in such a matters once a full fledged mechanism has been provided for to remedy the situation, then the said remedy should be invoked, as such, there is no occasion for this Court to permit the petitioner to by-pass the provisions, as is provided for under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950. 3. As on date the U.P. Land Revenue Code, 2006 (U.P. Act No.VIII of 2012) (in short "the Code") has been enacted by the Uttar Pradesh Legislature to consolidate and amend the law relating to land tenures and land revenue in the State of U.P. and which is holding the field, wherein full fledged mechanism has been provided for pursuing the proceedings before the Sub-Divisional Magistrate concerned. Section 67 of the Code deals with power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat property. In Section 136 exhaustive procedure has been provided for, wherein order of ejectment as well as damages can be imposed, which is analogous provisions of Section 122-B of the Act of 1950 and in which it is provided that if the encroachment is on a public utility land, proceedings under Section 136 of the Code are available to be adopted. 4. 4. Once full fledged mechanism has been provided for in the Code, in view of this, and as per the judgement of this Court in Ram Sijore (Supra), the petitioner should pursue his remedy as is available to him. The writ petition is disposed of, accordingly.