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2019 DIGILAW 1536 (ALL)

Durga Prasad v. State of U. P.

2019-06-17

D.K.UPADHYAYA, SURESH KUMAR GUPTA

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JUDGMENT : D.K. Upadhyaya and Suresh Kumar Gupta, JJ. 1. Heard learned Counsel for the petitioners and learned State Counsel appearing for the State-respondents. 2. Under challenge in this petition is a notice dated 30.5.2019 issued by the Assistant Engineer, Provincial Division, Public Works Department, Ayodhya, whereby the petitioners have been required to remove the alleged encroachment over the land in dispute. 3. Submission of learned Counsel for the petitioners is that in a proceeding initiated by the petitioners under section 30 of U.P. Revenue Code, 2006 certain report has been sent by the Chief Tracer on 21.5.2019 to the Court of Chief Revenue Officer, Ayodhya and unless and until the map in accordance with the said report is corrected, any action requiring the petitioners to remove the alleged encroachment would not be unwarranted. 4. It is not in dispute that for correction of map some proceedings under section 30 of U.P. Revenue Code, 2006 have already been instituted by the petitioners wherein certain reports have also been sent by the Subordinate Officers to the Court of Chief Revenue Officer, Ayodhya. The proceedings initiated under section 30 of U.P. Revenue Code, 2006 are still inconclusive and as such before conclusion of the said proceedings and even thereafter without demarcation of the area in question, if the respondents are proceeding to remove the alleged encroachment, in our considered opinion, the same would not be tenable. 5. Accordingly, having regard to the overall facts and circumstances of the case, this petition is finally disposed of with the direction to the Authorities/Court concerned to complete the proceedings initiated by the petitioners under section 30 of U.P. Revenue Code, 2006 at the earliest and thereafter to demarcate the land in question and in case after such demarcation the petitioner is found to be in illegal encroachment, the department concerned may proceed to remove the same. 6. It is further directed that till completion of the proceedings under section 30 of U.P. Revenue Code, 2006 and thereafter the proceedings for demarcation, no coercive measure shall be taken against the petitioners for removal of the alleged illegal encroachment. 6. It is further directed that till completion of the proceedings under section 30 of U.P. Revenue Code, 2006 and thereafter the proceedings for demarcation, no coercive measure shall be taken against the petitioners for removal of the alleged illegal encroachment. The Authorities/Courts concerned are further directed to provide an opportunity of hearing to the Public Works Department in the pending proceedings instituted by the petitioners under section 30 of U.P. Revenue Code, 2006 as also in the proceedings which would be instituted after correction of map for demarcation of the land in question.