Research › Search › Judgment

Allahabad High Court · body

2016 DIGILAW 335 (ALL)

Mahendra Kumar Yadav v. State of U. P.

2016-01-25

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT Yashwant Varma,J. The relief which has been sought in the public interest litigation are in the following terms: "(a) A writ order or direction in the nature of mandamus commanding the respondent no.2 to remove the encroachment over the Gata No.142, 143 & Gata No.15 Mi, which is registered in Akar Patra 45, as a Pond Land and Baadh, situated at Village - Hiyahi, Tehsil Gyanpur, District Bhadohi." 2. Insofar as Gata No.15 Mi is concerned, the record indicates that an order has been passed by the Additional Collector, Sant Ravidas Nagar on 26 November 2013 under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 in regard to the encroachment. 3. Since an order under Section 122-B has been passed by the Additional Collector, the appropriate remedy for the petitioner is to file an application under Rule 115-E of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 for the enforcement of the order passed under Section 122-B. We, accordingly, direct that in case the petitioner files such an application, the competent authority should duly verify whether the order under Section 122-B continues to hold the field or whether it has been stayed or modified by any higher forum, after due notice to all the affected parties. Thereafter such steps as are warranted in law shall be taken. 4. As regards Gata No 142, 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. 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. As regards Gata No.143, we find from the record which has been annexed to the writ petition that the land has been recorded in the names of private persons. 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. As regards Gata No.143, we find from the record which has been annexed to the writ petition that the land has been recorded in the names of private persons. Hence, at this stage and so long as the revenue entries continue to hold the field, it would not be appropriate for this Court to pass any order in regard to Gata No.143. 6. The petition is accordingly disposed of. There shall be no order as to costs.