RAMZANSHA AMISHA Vs. SECRETARY REVENUE DEPARTMENT

JUDGEMENT

(1.) By way of this petition under Articles 226 and 227 of the Constitution of India, petitioner has prayed for appropriate writ, direction or order directing the respondents to allot alternative land on the same condition on which earlier, land was allotted to the encroacher.

(2.) It is not in dispute that petitioner was found to be in illegal occupation and possession of the government land and was found to have encroached and his application for regularization and providing alternative land has been rejected. It is not in dispute that another person similarly situated to that of petitioner approached this Court by way of Special Civil Application No.4429/2009 making a request to regularize the encroachment like petitioner, which came to be dismissed by the learned Single Judge against which Letters Patent Appeal No.14/2010 was preferred and the Division Bench of this Court by order dated 22.03.2010 has dismissed the said Letters Patent Appeal by holding that as the appellant is an encroacher over the government land, he cannot claim regularization of such encroachment in absence of any scheme. It is not in dispute that petitioner is similarly situated to that of the appellant of Letters Patent Appeal No.14/2010.

(3.) Under the circumstances, it cannot be said that the action of respondent in not regularizing the encroachment and/or providing alternative land is in anyway illegal which calls for interference of this Court while using writ jurisdiction under Articles 226 and 227 of the Constitution of India. Under the circumstances, present petition deserves to be dismissed and is, accordingly, dismissed.