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2016 DIGILAW 2550 (ALL)

Om Prakash Bind v. State of U. P.

2016-07-22

MAHESH CHANDRA TRIPATHI, V.K.SHUKLA

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JUDGMENT Om Prakash Bind is before this Court with the prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 3 and 4 to initiate the proceedings against respondent nos. 5 to 10 as they are trying to encroach the land of Gram Sabha i.e. Arazi No. 71-Ka, Area .243 Hectare situated at Mauja Madhaipur, Post Seura, District Jaunpur, which is recorded as Banjar in the revenue records. 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. Once full fledged mechanism has been provided for in the Code, in view of this, and as per the judgment of this Court in Ram Sijore (Supra), the petitioner should pursue his remedy as is available to him. 4. Once full fledged mechanism has been provided for in the Code, in view of this, and as per the judgment of this Court in Ram Sijore (Supra), the petitioner should pursue his remedy as is available to him. The writ petition is disposed of.