Ajit Kumar Sonkar @ Ajeet And Others vs State Of U.P And 4 Others

Alok Mathur,J.

Heard learned counsel for petitioner as well as learned Standing Counsel for respondent No. 1 to 5.

In light of the proposed order, notices to private respondent is dispensed with.

Petitioner approached this court seeking a direction to State respondents to remove the encroachment over the land of Gata No. 419Kha/0.1050 hectare situated in Village Bhadwa somvanshi, Pargana, Tehsil and District Gonda.

Learned counsel for petitioner submits that private respondent is illegally encroaching upon the land of Gata No. 419/Kha/0.1050 hectare situated at aforesaid village despite the fact that the same is public utility land and recorded as Rasta. He further submits that petitioner has given several complaints regarding the illegal encroachment which has been done by the private respondents over the public utility land but the same are not concluded till date.

5.Learned Standing Counsel on the other hand has submitted that petitioner has efficacious remedy under Sections 26 of U.P. Revenue Code, 2006 where it has been provided if the Tehsildar finds that any obstacle impedes the free use of a public road, path or common land of a village or obstructs the road or water course or source of water, he may direct the removal of such obstacle and may, for that purpose, use or cause to be used such force as may be necessary and may recover the cost.

Learned counsel for petitioner at this stage submits that petitioner may be given liberty to move an application under Section 26 of U.P. Revenue Code, 2006 before the competent authority.

Accordingly, without entering into merits of the case, the writ petition, is disposed of with a liberty to the petitioner to move applications under Sections 26 of U.P. Revenue Code before the concerned Tehsildar and in case such applications are is made within two weeks from today, said authority is directed to proceed to consider and decide the same expeditiously in accordance with law.