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Judgment
Sudhanshu Dhulia, J.
By Court:-
Miscellaneous application (IA No.7570 of 2018) is allowed. Counter affidavit filed on behalf of respondent no. 3 is taken on record.
This writ petition which has been filed as a Public Interest Litigation is being vehemently opposed by the private respondents.
The issue raised by the petitioner is that the private respondents have encroached upon the public land.
Private respondents, on the other hand, would argue that it is not a public land but the private property. Some of the private respondents have made
submissions before this Court to this effect and it also appears from the records that in a proceeding under Section 161 of the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950 for exchange of plot, the land was given to one Ravi Kumar. There is an allegation that in the garb
of such exchange or other orders, the private respondents have also encroached upon the land.
Be that as it may, this is not a proper Forum for appreciation of this matter. Not only does this matter involve appreciation of disputed questions of
facts but the petitioner in any case has an equally efficacious remedy to approach the appropriate authorities given in Schedule II of the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950.
In view of the above, the writ petition stands dismissed.
It is made clear that in case the petitioner approaches the appropriate authority, the authority concerned shall first examine the locus standi of the
petitioner before proceeding further with the matter.