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2016 DIGILAW 288 (ALL)

Bajrang Mishra v. State of U. P. Thru. Prin. Secy. , Revenue

2016-01-21

D.Y.CHANDRACHUD, RAJAN ROY

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JUDGMENT Rajan Roy,J. 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 Nos. 78 and 122 recorded as 'Talab and Chankroad' situated at Village Madhupur Meeranpur, Tehsil Bheeti, District Ambedkar Nagar. 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. If the proceedings are already pending, they should be disposed of expeditiously with due notice to all the affected parties. 4. 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. 5. With these observations, we dispose of this petition. There shall be no order as to costs.