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Allahabad High Court · body

2016 DIGILAW 43 (ALL)

Rajan Kumar v. State of U. P.

2016-01-06

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The petitioner, invoking the jurisdiction in a public interest litigation, seeks the removal of alleged encroachments made on public utility lands, comprising of Gata No 791 area 0.1140 hectare and Gata No 793 area 0.1580 hectare recorded as naveen parti, situated at Village Athsarai, Tehsil Sirathu, District Kaushambi. 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.