KANHIYA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This Public Interest Litigation has been filed for issuance of a writ, order or direction in the nature of mandamus, directing the respondent-authorities to take appropriate action in view of Sec. 67 of the U.P. Revenue Code, 2006 for removal of illegal encroachment from the plot Nos. 163, 167, which are recorded as "Garaha" and plot No. 165, which is reserved for "Holika Dahan" respectively situated in Village-Hamjapur, Tehsil-Sadar, District-Jaunpur and to restore the same in its original form within a stipulated period as may be fixed by this Hon'ble Court.

(3.) Brief facts of the case are that the petitioner claims himself to be a social worker and resident of Village-Hamjapur, Tehsil-Sadar, District-Jaunpur. His grievance is that during the consolidation proceedings, Gata Nos. 163 and 167 are recorded as Garaha (pond) and Gata No. 165 is reserved for Holika Dahan. The aforesaid land of Gata Nos. 163, 167 and 165 have been encroached by respondent Nos. 9 to 15. It is further claimed that in order to get the encroachments removed by the respondent Nos. 9 to 15, application as well as representation have been moved by the petitioner to the Chief Minister, Uttar Pradesh, concerned S.D.M. and concerned Tehsildar. It has been further claimed that the local Lekhpal in collusion with the private respondents has submitted a false and fake report before the authorities. It has also been stated that the respondent authorities are empowered under Sec. 67 of the U.P. Revenue Code, 2006 to get the illegal encroachment removed and, therefore, the present PIL has been filed for the relief mentioned above.