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2023 DIGILAW 740 (ALL)

Noor Jahan v. State of U. P. , Thru. Prin. Secy. Revenue Lko.

2023-03-20

RAJESH SINGH CHAUHAN

body2023
JUDGMENT : 1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Pankaj Gupta, learned counsel for the Gaon Sabha. 2. In view of the proposed order notices to private respondents are hereby dispensed with as no prejudice is being caused to the private respondents by this order. 3. By means of this petition the petitioner has prayed following relief : "i. issue a writ, order or direction in the nature of mandamus commanding and directing the opp party no. 1 to 4 to inquire and remove the illegal encroachment over the public utility land chakroad gata 2615 measuring area 0.0480 Hect, and land gata no. 2566 measuring area 0.0250 Hect. and land gata no. 2567 measuring area 0.0320 hect fl-6(3) reserved for Excrement recorded in revenue records situated at Village - Atarsand, Pargana & Tehsil - Patti-District - Pratapgarh, in pursuance of general direction. issued by this Hon'ble Court in case of Parma Lal and others Vs. District Magistrate - Gautam Buddh Nagar vide its order dated 7.10.2009 as well as in compliance of circular dated 1.5.2017 issued by Govt. of U.P. for removing the illegal encroachment from public utility land by taskforce, which is contained as annexure No. 1 & 7 with this writ petition, in the interest of justice. ii. issue a writ, order or direction in the nature of mandamus commanding and directing the opp. party no. 1 to 3 to take the action on the pending representation dated 21.02.2023 contained in Annexure No. 4 to this writ petition by speaking and reasoned order within a period as fixed by this Hon'ble Court, in the interest of justice. iii. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties take necessary action according to the procedure prescribed U/s 26 of the UP Revenue Code 2006, in pursuance of report of revenue officials dated 10.03.2023 for removing the illegal encroachment over the public utility land in question." 4. iii. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties take necessary action according to the procedure prescribed U/s 26 of the UP Revenue Code 2006, in pursuance of report of revenue officials dated 10.03.2023 for removing the illegal encroachment over the public utility land in question." 4. Pursuant to the prayer learned Standing Counsel has produced the instructions letter dated 19.3.2023 preferred by the Sub-Divisional Officer, Patti, District Pratapgarh addressed to office of C.S.C. wherein it has been categorically indicated that in the issue in question the specific report from the Lekhpal has been called and pursuant to the report required exercise u/s 67 of U.P. Revenue Code, 2006 has been undertaken and Case No. T202302570401404 has been filed wherein the next date has been fixed as 24.4.2023. 5. The aforesaid instructions are taken on record. 6. In the wake of aforesaid development it appears that the required exercise has been undertaken and appropriate orders would be passed by the competent authority strictly in accordance with letter in terms of section 67 of U.P. Revenue Code, therefore, I do not find any good ground to keep this petition pending. 7. Accordingly, this writ petition is disposed of finally at the admission stage directing the competent authority to pass appropriate orders strictly in accordance with law in terms of provisions of section 67 of U.P. Revenue Code, 2006 for removing illegal encroachments by affording an opportunity of hearing to the parties concerned. However, it is made clear that if the appropriate order is not passed by the competent authority expeditiously in terms of provisions of section 67 of U.P. Revenue Code, the petitioner would be at liberty to approach this Court for redressal of the grievance.