High court of Allahabad - Subhash Dubey Vs The Collector, Jhansi And Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 56536 of 2011

Petitioner :- Subhash Dubey
Respondent :- The Collector, Jhansi And Others
Petitioner Counsel :- S.C. Tripathi
Respondent Counsel :- C.S.C.,Mahesh Narain Singh

Hon'ble Syed Rafat Alam, Chief Justice
Hon'ble Krishna Murari, J.

In the instant petition filed as Public Interest Litigation, the petitioner has alleged that the land recorded as a pond in the revenue record wherein the plot no. 214 (Old No. 489) is recorded as a "POKHARI' and the other plot no. 276 (Old No. 487) GARHA have been encroached upon by the respondents no. 4 to 6 and they have made constructions over the same.

Learned counsel for the petitioner relying on the judgment of the Hon'ble Apex Court in the case of Hinch Lal Tewari Vs. Kamla Devi and others, reported in AIR 2001 (92) RD 689 and also of Jagpal Singh and others Vs. State of Punjab and others, reported in [2011 (113) RD 329] submitted that the respondents are duty bound to get the encroachment removed and restored back the position of POKHARI and GARHA in its original position.

On the other hand, learned Standing Counsel appearing for the State-respondents submitted that from the own showing of the petitioner, he has already made a complaint, a copy whereof is enclosed as Annexure '3' to the writ petition, which has been made on 01.09.2011 and without waiting for a reasonable period of time, he has approached this Court and, therefore, this petition is premature.

Be that as it may. Since the allegations require an enquiry and investigation by the revenue authority/competent authority, it would be appropriate to dispose this petition at this stage finally without entering into the merits of the contention with the direction to the respondents that the aforesaid complaint of the petitioner or fresh one is filed before the Assistant Collector within a fortnight, the same may be examined and appropriate decision be taken in accordance with law expeditiously, preferably, within a period  of three weeks from the date of production of a certified copy of this order.

With the aforesaid observations, the writ petition stands disposed of finally.

Order Date :- 28.9.2011 (Krishna Murari, J) ( S. R. Alam, C. J.)
Dcs

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