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Allahabad High Court · body

2016 DIGILAW 44 (ALL)

Ran Vijay Maurya 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 Plot Nos 76, 82, 110 and 34/375 recorded as chak road, Plot Nos 133, 29, 88, 121 and 21 recorded as water channel, Plot Nos 165, 119Ka and 119M recorded as pond, Plot No 60 recorded as Khalihan and Plot No 141 recorded as Nala, situated at Village Katohi, Tehsil Budhanpur, District Azamgarh. 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.