High Court
Case Details
Neutral Citation No. - 2025:AHC:35441 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 201 of 2025 Petitioner :- Manish Kumar Gupta Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- Gaurav Kumar Chaturvedi,C.S.C. Hon'ble Chandra Kumar Rai,J.
Legal Reasoning
1. Two Vakaltanama, first, filed on behalf of respondent nos. 4 to 6 and second on behalf of respondent nos. 8 and 9 are taken on record.
Legal Reasoning
2. Heard Sri Raj Karan Patel, learned counsel for the petitioner, Sri Surendra Tiwari, learned counsel for respondent nos. 4 to 6, Sri Shyam Dhar Gupta, learned counsel for respondent nos. 8 and 9, Sri Gaurav Kumar Chaturvedi, learned counsel for the respondent-nagar palika parishad and Sri Muneshwar Singh, learned standing counsel for the state-respondents. 3. The instant public interest litigation has been filed for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus, directing the respondents authorities to remove illegal encroachment done by the respondent nos. 4 to 10 from the land, i.e., araji no.111 cha, area 0.0970 hect. recorded as navin parti as well as araji no.111 chha, area 0.1500 hect. recorded as banjar, situated at village Mugar Deeh, Nagar Palika Andar, Pargana Mungra, Tehsil Machhali Shahar, District Jaunpur in accordance with law. (ii) Issue a writ, order or direction in the nature of mandamus, directing the Tehsildar, Tehsil Machhali Shahar, District Jaunpur (respondent no.2) to decide the representation of the petitioner dated 22.11.2024 as well as representation dated 7.1.2025 through registered post pending before him." 4. This Court directed the learned counsel for the State/Nagar Palika Parishad to obtain instruction in the matter. 5. In compliance to the earlier order of this Court, instructions dated 10.3.2025 sent by the Tehsildar, Machhalishahar, Jaunpur and Executive Officer, Nagar Palika Parishad, Badshahpur, Jaunpur respectively are taken on record. 6. Learned standing counsel for the state-respondents and the counsel for the nagar palika parishad are directed to serve a copy of the instruction upon the counsel for the petitioner during the course of the day.
Decision
7. Counsel for the petitioner submitted that in view of the entry of plot no. 111 cha, area 0.0970 hect. and plot no.111 chha, area 0.1500 hect. which are recorded in the revenue records as navin parti and banjar respectively, situated in village Mugar Deeh, Nagar Palika Andar, Pargana Mungra, Tehsil Machhalishahar, Jaunpur, (Khatauni extract is Annexure no.1 to the writ petition), appropriate direction be issued for the removal of the encroachment from the plots in question. 8. Sri Surendra Tiwari, learned counsel for respondent no.4 to 6 submitted that respondent nos. 4 to 6 are recorded as bhoomidhar over adjacent plot nos. 108, 110 ka, 111 ga & 112. He submitted that respondent nos. 4 to 6 are in possession over their bhoomidhari plots and their constructions are situated over the same. He further submitted that there is no encroachment of respondent nos. 4 to 6 over plot nos. 111 cha and 111 chha, as such, no proceeding can be initiated against them. He also submitted that Nagar Palika Parishad has issued notice dated 10.3.2025 against respondent nos. 4 to 6 for removal of the boundary wall situated over the plots in question within 7 days which is illegal. He submitted that unless proper proceeding is initiated and concluded in proper manner, construction of respondent nos. 4 to 6 over the plots in question, cannot be demolished by the authorities. 9. Sri Shyam Dhar Gupta, learned counsel for respondent nos. 8 & 9 submitted that respondent nos. 8 & 9 are the recorded tenure holders of the adjacent plots, i.e., araji nos. 114/5 and 114/6 and there is no illegal encroachment of respondent nos. 8 and 9 over the plots in question. 10. Sri Muneshwar Singh, learned standing counsel, on the basis of the instruction, submitted that two cases under Section 67(1) of the U.P. Revenue Code, 2006 have been registered against the persons who have been found in illegal possession of the plots in question as Case Nos. T202514360303349 & T202514360303350. He submitted that after disposal of the aforementioned cases, appropriate action shall be taken by the authorities. 11. Sri Gaurav Kumar Chaturvedi, learned counsel for the nagar palika parishad submitted that no coercive measures shall be taken against the respondents unless the appropriate proceeding is initiated and concluded in accordance with law. 12. I have considered the arguments advanced by learned counsel for the parties and perused the records. 13. There is no dispute about the fact that plot no. 111 cha and 111 chha are recorded as navin parti and banjar in the revenue records which is demonstrated from Annexure No.1 to the writ petition. There is also no dispute about the fact that respondent nos. 4 to 6 are the recorded tenure holders of plot nos.108, 110 ka, 111 ga and 112. There is also no dispute about the fact that the authorities have registered two cases under Section 67 of the U.P. Revenue Code, 2006 which are pending before the respondent no.2/Tehsildar. 14. Since the proceeding under Section 67(1) of the U.P. Revenue Code, 2006 is pending before respondent no.2/Tehsildar, Machhali Shahar, Jaunpur in respect to plot in question, as such, contesting private respondents have full opportunity to contest the pending proceeding under Section 67(1) of the U.P. Revenue Code, 2006 by filing proper objection on all points including the maintainability of the proceeding, if any. The prayer for demarcation/survey can be raised by contesting private respondents as held by this Court in the case reported in 2023(1) ADJ 154, Rishipal Singh vs. State of U.P. and Others. 15. Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, the instant public interest litigation is disposed of with the direction to respondent no.2/Tehsildar, Machhali Shahar, Jaunpur to decide the aforementioned two cases under Section 67 of the U.P. Revenue Code, 2006, expeditiously, after affording proper opportunity of hearing to the parties concerned, after considering the objections of the private respondents as well as after making necessary demarcation/survey of the plots in question, in accordance with law. It is also directed that the Nagar Palika Parishad shall not take any coercive action against the respondents unless the judicial proceedings are concluded in accordance with law. Order Date :- 11.3.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad