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2016 DIGILAW 332 (ALL)

Man Singh v. D. M. /Collector, Agra

2016-01-25

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT Yashwant Varma,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 Pokhar and Banjar land Nos. 122 Kha, 122 Ka, 149, 437 and 481 area 0.0350 and 0.3450 hectares situated at Village Chak Soyam, Pargana and Tehsil Agra, District Agra. 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. 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.