SHESH DUTT PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Sanding Counsel and perused the record.

(2.) This petition has been filed with a prayer that for issuance of interim mandamus directing the respondents to remove illegal and unauthorized encroachments made by the respondents No. 7 to 11 from gram sabha land.

(3.) Our attention has been drawn to an earlier decision of this Court in Public Interest Litigation (PIL) No. 3211 of 2012 Ravi Shanker Singh and others Vs. State of U.P. through Secretary and others, dated 19.1.2012, wherein reliance was placed on the decision of this Court in Ravindra Nath Pandey Vs. State of U.P. and others, 2010 1 ADJ 470, wherein it has been held that where land is being encroached upon or not, is a matter for investigation, by the competent authority, which may require appropriate proceedings for demarcation, or location of boundary of the disputed area. To investigate and find out any such encroachment, a procedure has been provided for under the U.P. Land Revenue Act, 1901. Once law provides for a particular procedure and which is a complete code in itself, then taking recourse to PIL for the same, may not be desirable. Such investigation has to proceed by making an enquiry in accordance with the procedure prescribed in law by the appropriate revenue authority etc. who under statute are empowered to investigate such matters and to adjudicate on the same.