# Munni Lal @ Hari Sharan v. State of U.P. & Ors

- **Citation:** (2025) 10 ILRA 244
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-10-06
- **Case number:** Public Interest Litigation (P.I.L.) No. 2933 of 2025
- **Bench:** Praveen Kumar Giri
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/munni-lal-hari-sharan-v-state-of-u-p-ors-52649
- **Pages:** 24

## Headnote

C.S.C., Deepak Gaur

Issue for consideration
Encroachment on public road/pathway.

Headnotes
U.P. Revenue Code, 2006-sec 67; U.P.
Revenue Code Rules, 2016-R. 66, 67-PIL
filed
alleging
encroachment
on
a
public
road/pathway-no proceedings u/s 67 of Code,
2006 has been initiated - obstruction of a public
road not only amounts to the violation of legal
rights but also amounts to violation of
fundamental as well as human rights-property
of Gram - Bhumi Prabandhak Samiti is the
custodian - encroached by any unauthorized
person- the Chairman and the Secretary are
under obligation to inform the Tahsildar under
Rule 66 of the U.P Revenue Code Rules, 2016 -if
they do not inform - fail to protect and preserve
such property-such action shall amount to
criminal breach of trust-proceedings shall be
deemed to have been culminated - ensuring
actual removal of the encroachment and
restoration of possession of the public land
within 90 days u/R 67 (6) of the Rules, 2016.
PIL disposed. (E-9)

Case Law Cited

## Text

_Characters 0–39,702 of 70,345. This is a partial read: ask again with offset=39702 for what follows._

244 INDIAN LAW REPORTS ALLAHABAD SERIES
by the institution itself and for no other
purpose.

27. In view of the above discussion,
we are of the considered view that though
the period for which the Mela in question
was permitted to be organised in the
aforesaid degree college is over in March,
2025 itself, the same, in itself, does not
vanish the cause agitated before us and we
hold
that
immovable
properties
belonging to educational institutions in
the State of U.P., including their
playgrounds, whether forming part of
the same premises or situated elsewhere,
cannot be allowed to be used for any
commercial activities under any name,
like exhibitions, trade fairs or other
kinds of fairs, or sale of one or the other
articles and goods etc.

28. The State Government is directed
to issue a clear and unabmiguous circular to
this effect directing District Administration,
Police Administration and Educational
Institutions at all levels in consonance with
the directions issued by us, within a period
of one month from the date of receipt of
copy of this order.

29. Registrar General of this Court is
directed to send a copy of this order to the
Chief Secretary of the State Government
within a week, for necessary compliance.

30. With the aforesaid directions and
with a further direction that playground of
Brahmanand Degree College at Rath,
District Hamirpur shall not be permitted to
be used anymore for any commercial
activities, the petition stands disposed of.
----------
(2025) 10 ILRA 244
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 06.10.2025

BEFORE

THE HON'BLE PRAVEEN KUMAR GIRI, J.

Public Interest Litigation (P.I.L.) No. 2933 of
2025

Munni Lal @ Hari Sharan ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Yashwant Pratap Singh

Counsel for the Respondents:
C.S.C., Deepak Gaur

Issue for consideration
Encroachment on public road/pathway.

Headnotes
U.P. Revenue Code, 2006-sec 67; U.P.
Revenue Code Rules, 2016-R. 66, 67-PIL
filed
alleging
encroachment
on
a
public
road/pathway-no proceedings u/s 67 of Code,
2006 has been initiated - obstruction of a public
road not only amounts to the violation of legal
rights but also amounts to violation of
fundamental as well as human rights-property
of Gram - Bhumi Prabandhak Samiti is the
custodian - encroached by any unauthorized
person- the Chairman and the Secretary are
under obligation to inform the Tahsildar under
Rule 66 of the U.P Revenue Code Rules, 2016 -if
they do not inform - fail to protect and preserve
such property-such action shall amount to
criminal breach of trust-proceedings shall be
deemed to have been culminated - ensuring
actual removal of the encroachment and
restoration of possession of the public land
within 90 days u/R 67 (6) of the Rules, 2016.
PIL disposed. (E-9)

Case Law Cited
1. Dayaram Yadav and 2 Others vs State of
Uttar Pradesh and 6 Others C.M.W.P. (P.I.L) No.
20672 of 2016
2. State of Haryana and others Vs. Satpal and
others,
2023
INSC
201
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
245
3. Babu Ram vs. State of Himachal Pradesh and
Anr., -Civil Appeal No. 13362 of 2024 decided
on 28.11.2024

List of Acts
1. Uttar Pradesh Revenue Code, 2006
2. UP Revenue Code Rules, 2016

List of Keywords
Encroachment, public land/public utility land,
Bhumi Prabandhak Samiti, unauthorized person

Appearances of parties
Counsel for the petitioner(s) : Yashwant Pratap
Singh,Counsel for Respondent(s) : C.S.C.,
Deepak Gaur

(Delivered by Hon'ble Praveen Kumar
Giri, J.)

1. Heard learned counsel for the
petitioner, Sri Deepak Gaur, learned
counsel for the Bhumi Prabandhak Samiti
and Sri Sharad Chandra Upadhyay, learned
Standing Counsel for the State respondents.

2. This present
Public Interest
Litigation (PIL) has been filed with the
following prayers:

"A. Issue a writ, order or
direction in the nature of mandamus
directing and commanding the respondent
nos 2 to 4 to remove the illegal
encroachment of respondent nos.7 to 10
over Gata No.243, area 0.543 hectare,
situated at Village Rupadhamna, Tehsil
Mauranipur, District Jhansi, which is
recorded as Passage (Rasta) in revenue
record and restore it to its original public
use.

B. Issue a writ, order or
direction in the nature of mandamus
directing/commanding Respondent No.2
(District Magistrate, Jhansi), to initiate
appropriate departmental and disciplinary
proceedings
against
the
concerned
Lekhpal, (Respondent No.5) and the
Kanungo concerned for submitting false
and
misleading
reports
dated
24.06.2025/25.06.2025 and 21.11.2024 in
collusion with private encroachers;

C. Issue a writ, order or
direction in the nature of mandamus
directing/commanding
the
Respondent
No.2 to 4 to take appropriate decision
upon the application dated 03/06/2025,
18/08/2025 and 29/08/2025 (Annexuure
No.4 to this Writ Petition(PIL)) and
regarding
removal
of
the
illegal
encroachment of the private Respondents
ie. Respondent No.7 to 10 from the reserve
Passage land Gata No.243/0.380 Hectare,
situated
in
Village
Rupa
Dhamna,
Pargana and Tehsil Mauranipur, District
Jhansi."

3. Petitioner has filed this PIL alleging
encroachment on a public road/pathway,
although the area Lekhpal has submitted a
report stating that there is no encroachment
on the road recorded in the revenue record
but the petitioner is still struggling that yet
the road has been encroached upon by
some villagers.

4. The learned counsel for the
petitioner submits that no proceedings
under section 67 of the Uttar Pradesh
Revenue Code, 2006 has been initiated in
respect of encroachment while the area
lekhpal has prepared a wrong report
mentioning, no encroachment on the road
mentioned in the revenue record and also
submitted that there is R.C. Form No. 19 to
submit
such
report
in
respect
of
encroachment but the Lekhpal of the area
has not submitted this report on R.C. Form
No. 19 mentioned in the Uttar Pradesh
Revenue Code, 2006.
246 INDIAN LAW REPORTS ALLAHABAD SERIES

5. This Court has gone through the
provision of law, law laid down by the
Hon'ble Supreme Court, High Court and
also the facts of this case and thereafter has
drawn opinion that in case any land
belonging to the Gram Panchayat/Gram
Sabha, encroached by any person, the
office bearers of the Bhumi Prabandhak
Samiti are under obligation as per Rule 66
of the Uttar Pradesh Revenue Code Rules,
2016 to inform the Tahsildar concerned to
initiate proceedings under Section 67 of the
Uttar Pradesh Revenue Code, 2006 for
removal of encroachment from the public
utility land and if no information or delayed
information is given, action shall be taken
against the Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal of the Bhumi
Prabandhak
Samiti
of
the
Village
Panchayat as they are the custodian of the
property.

6. Though there is a provision of
removal of encroachment under section 67
of the Uttar Pradesh Revenue Code, 2006
in respect of road/village marg but there is
also
provision
under
Uttar
Pradesh
Revenue Code regulating the legal right of
way to a tenure holder as provided under
sections 25 and 26 of the Uttar Pradesh
Revenue Code, 2006 mentioning right of
way and other easements as well as
removal of obstacle from the road.

The provisions of sections 25 and
26 of the U.P. Revenue Code, 2006 are
reproduced herein below :-

Section 25. Rights of way and
other easements.- In the event of any
dispute arising as to the route by which a
tenure-holder or an agricultural labourer
shall have access to his land or to the
waste or pasture land of the village (other
than by the public roads, paths or
common land) or as to the source from or
course by which he may avail himself of
irrigational facilities, the Tahsildar may,
after such local inquiry as may be
considered necessary, decide the matter
with reference to the prevailing custom
and with due regard to the convenience of
all the parties concerned. He may direct
the removal of such obstacle and may, for
that purpose, use or cause to be used such
force at may be necessary and may
recover that cost of such removal from the
person
concerned
in
the
manner
prescribed.

Section
26.
Removal
of
obstacle.- If the Tehsildar finds that any
obstacle impedes the free use of a public
road, path or common land of a village or
obstructs the road or water course or
source of water, he may direct the removal
of such obstacle and may, for that
purpose, use or cause to be used such
force as may be necessary and may
recover the cost of such removal from the
person
concerned
in
the
manner
prescribed.

7. In respect of encroachment, there is
also provision in the Uttar Pradesh
Roadside Land Control Act, 1945 and
Uttar Pradesh Roadside Land Control
Rules, 1964. As per sections 2 and 5 of the
Uttar Pradesh Roadside Land Control Act,
1945 as well as Rule 7 of the Uttar Pradesh
Roadside Land Control Rules, 1964 (in
short "the Rules of 1964") permissible
distance for construction of building from
the road has been provided. The U.P.
Roadside Land Control Act, 1945 mandates
that permission from the District Magistrate
is required for the construction of any
"building" and section 2(2) of the Uttar
Pradesh Roadside Land Control Act, 1945
provides a comprehensive definition of
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
247
"Building" which includes various types of
structures. In Rule 7 of the Uttar Pradesh
Roadside Land Control Rules, 1964,
permissible distance for construction of
building from the road has been provided.

The provisions of Section 2 (2)
and section 5 of the U.P. Roadside Land
Control Act, 1945 and Rule 7 of the Uttar
Pradesh Roadside Land Control Rules,
1964 are reproduced as under :-

"Section 2(2) Of U.P. Roadside
Land Control Act , 1945 - Building:-

building' means a house, but not
a
shed
or
other
roofed
structure,
constructed for any purpose and of any
material, and every part thereof, and
includes a masonry trench or drain
platform, masonry wall, but does not
include a tent or other such portable and
merely temporary shelter;

Section 5 Of U.P. Roadside Land
Control Act , 1945 - Restrictions on
building etc. in a controlled area:-

Notwithstanding
anything
contained in any other law for the time
being in force,-

(a) no person shall erect or reerect any building or make or extend any
excavation in a controlled area; and

(b) no person shall except with
the previous permission of the collector in
writing, law out any means of access to a
road in a controlled area

Rule 7 of U.P. Roadside Land
Control Rules,1964 - principles on which
permission will be granted

In determining the grant of
permission on an application the collector
shall
take
into
consideration
the
followings ;

(1)(i) Bus Stand should be set
back
sufficiently
from
the
general
building line limit prescribed for the road
so as to permit of a service road subject to
a minimum distance of 100 feet from the
centre of the main road .

(ii) Construction of buildings
shall not be allowed within the building
lines, i.e within the distances specified
below from the centre line of any road of
the description given in the following
table;

S.I
No
.
Categorie
s Of roads
Open and
agricultura
l areas
Urban
and
Industria
l areas
1
2
3
4
1.
National
and
provincial
Highway
75
60
2.
Major
District
Roads
60
45
3.
Other
district
roads
50
30
4.
Village
roads
20
20
5.
Cement
concrete
Tracks
30
30
6.
Motor
Roads (in
hills)
50
Question
does not
arise
7.
Bridle
roads (in
hills)
25
ditto

(2) the opening of sullage
towards the road shall not be permitted.
248 INDIAN LAW REPORTS ALLAHABAD SERIES

(3) The approach should be in
such manner as not to interfere with or
endanger the flow of traffic on the road;

(4) No construction or excavation
likely to affect public health shall be
allowed within the controlled area except
after obtaining the advice of the health
officer.

8. The land recorded as 'RASTA
(pathway)' in the Revenue record is
entrusted to the Bhumi Prabandhak
Samiti (hereinafter referred to as 'Samiti')
comprising Village Pradhan as Chairman
of the Samiti and Lekhpal of the area as
Secretary of the Samiti, however, they are
not paying any heed to initiate proceedings
for removal of the encroachment though
they are the custodian of the public utility
land and it appears that they are ignoring
the encroachment of the land belonging to
the Samiti/Gram Sabha by other persons
which amount to conspiracy as well as
abetment on the part the Chairman,
Secretary and other Sections 28A and 28B
of the Act, 1947 are being delineated below
:members of the Samiti.

9. The provisions of Sections 28A
and 28B of Uttar Pradesh Panchayat Raj
Act, 1947 (herein after referred to as 'the
Act, 1947'), are for 'Bhumi Prabandhak
Samiti' and its functions.

Sections 28A and 28B of the Act,
1947 are being delineated below :

"Section
28-A.
Bhumi
Prabandhak Samiti - (1) The Gram
Panchayat
shall
also
be
Bhumi
Prabandhak Samiti and as such discharge
the duties of up-keep, protection and
supervision of all property belonging to or
vested in or held by the Gram Panchayat
under Section 117 of the Uttar Pradesh
Zamindari Abolition and Land Reforms
Act, 1950 (U.P. Act No. 1 of 1951) or under
any other provisions of that Act.

(2) The Pradhan shall be the
Chairperson of the Bhumi Prabandhak
Samiti, and the Lekhpal of the area
comprised in the jurisdiction of the [Gram
Panchayat] shall be its Secretary.

Section 28-B. Functions of the
Bhumi Prabandhak Samiti - (1) The
Bhumi Prabandhak Samiti shall, for and on
behalf of the [Gram Panchayat] be
charged with the general management,
preservation and control of all property
referred to in Section 28-A including -

(a) the settling and management
of land but not including the transfer of any
property for the time being vested in the 5
[Gram Panchayat] under Section 117 of
the Uttar Pradesh Zamindari Abolition and
Land Reforms Act 1950 (U.P. Act No. 1 of
1951) or under any other provision of that
Act;

(b) the preservation, maintenance
and development of forests and trees;

(c)
the
maintenance
and
development of abadi sites and village
communication;

(d) the management of hats,
bazaars and meals;

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the rendering of assistance in
the consolidation of holdings;

(g) the conduct and prosecution
of suits and proceedings by or against the
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
249
Gram Panchayat relating to or arising out
of the functions of Samiti;

(h) the performance of functions
specifically
assigned
to
th
Bhumi
Prabandhak
Samiti
under
the
U.P.
Zamindari Abolition and Land Reforms
Act, 1950 or any other enactment; and

(i) any other matter relating to
such
management,
preservation
and
control as may be prescribed; and may
exercise all powers of the 1 [Gram
Panchayat] necessary for or incidental to
the discharge of such duties.

(2)
The
Bhumi
Prabandhak
Samiti shall function subject to the
provisions of the U.P. Zamindari Abolition
and Land Reforms Act, 1950."

10. The provision of Section 34 of the
Uttar Pradesh Panchayat Raj Act, 1947
also provides that all the public property
situated within the jurisdiction of a Gram
Panchayat is vested in the Gram Panchayat.

Section 34 of the U.P Panchyat
Raj Act, 1947 reads as under :-

"Section 34. Property vested in
the Gram Panchayat - (1) Subject to any
special reservation made by the State
Government, all public property situated
within the jurisdiction of Gram Panchayat
shall vest in and belong to the Gram
Panchayat and shall, with all other
property which may become vested in the
Gram Panchayat, be under its direction,
management and control.

(2) All markets and fairs or such
portion thereof as are held upon public
land shall be managed and regulated by the
Gram Panchayat and the Gram Panchayat
shall receive to the credit of the Gaon Fund
all dues levied or imposed in respect
thereof."

11. As per Sections 59, 60 and 61 of
the Uttar Pradesh Revenue Code, 2006
read with Rule 56 of UP Revenue Code
Rules, 2016 (for short 'the Rules, 2016'),
the Samiti including its Chairman and
Secretary
are
entrusted
with
land
belonging to the Gram Panchayat as well as
the local authorities for the purposes of
superintendence, preservation, management
and
control.
In
case
of
damage,
misappropriation or wrongful occupation of
the property, the Chairman (Pradhan),
Secretary (Lekhpal) and other members of
the Samiti are under obligation to inform
the Assistant Collector every year.

The provisions of Sections 59, 60
and 61 of the U.P Revenue Code 2006 read
with Rule 56 of U.P Revenue Code Rules
2016 are being delineated below:-

"Section 59. Entrustment of land
etc. to Gram Panchayats and other local
authorities.- (1) The State Government
may, by general or special order to be
published in the manner prescribed, entrust
all or any of the things specified in
subsection (2), which vest in the State
Government, to a Gram Panchayat or other
local authority for the purposes of
superintendence,
preservation,
management and control in accordance
with the provisions of this Code.

(2) The following things may be
entrusted to a Gram Panchayat or other
local authority under subsection (1),
namely-

(i) lands, whether cultivable or
otherwise, except land for the time being
comprised in any holding or grove;
250 INDIAN LAW REPORTS ALLAHABAD SERIES

(ii) grove standing on the Gram
Panchayat land, pasture land, graveyard,
cremation
ground,
manure
pits,
Khaliyans, Chakroads, link roads, sector
roads, land in river bed, road, Sadak
Khanti, Sullage farm;

(iii) forests and fisheries;

(iv) trees, other than trees in a
holding or on the boundary of a holding or
in a grove or abadi, or any trees on
unoccupied land;

(v) hats, bazaars, melas, tanks,
ponds, water-channels, private ferries,
pathways and abadi sites;

(vi) subject to the provisions of
the Treasure Trove Act, 1878, any
properties specified in section 55 and
belonging to the State Government.

(3) Every land and other thing-

(a) vested in a Gram Panchayat
or any other local authority under the
provisions
of
the
Uttar
Pradesh
Consolidation of Holdings Act, 1953, or the
Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960;

(b) placed under the charge of a
Gram Panchayat or any other local
authority under any of the enactments
repealed by this Code;

(c)
otherwise
coming
into
possession of a Gram Panchayat or other
local authority, either before or after the
commencement of this Code; shall be
deemed to be entrusted to such Gram
Panchayat or other local authority, as the
case may be, with effect from the date of
commencement of this Code or from the
date of such coming into its possession, for
the
purpose
of
superintendence,
preservation, management and control, in
accordance with the provisions of this
Code.

(4) The State Government may,
by a subsequent order to be published in
the manner prescribed,-

['(a)] (i) add to, amend, vary or
rescind any earlier order issued under subsection(1)

(ii) convert any land entrusted or
deemed to be entrusted or transferred to
any Gram Panchayat or local authority,
which is not covered under sub-section (1)
of section 77 to a land covered under subsection (1) of section 77.

Section
60.
Superintendence,
management and control by Bhumi
Prabandhak Samiti. -(1) Subject to the
provisions of this Code, every Bhumi
Prabandhak Samiti shall be charged, for
and on behalf of the Gram Panchayat,
with the superintendence, preservation,
management and control of all land and
other things entrusted or deemed to be
entrusted to that Gram Panchayat under
section 59 or over which such Gram
Panchayat is entitled to take possession
under this Code or any other law for the
time being in force.

(2) Without prejudice to the
generality of the foregoing provisions, the
functions
and
duties
of
the
Bhumi
Prabandhak Samiti shall include:-

(a)
the
settlement
and
management of land;

(b) the preservation, maintenance
and development of forests, trees and
pastures.
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
251

(c)
the
maintenance
and
development of abadi sites and village
communications;

(d) the management of hats,
bazaars and melas;

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the development of cottage
industries;

(g)
the
development
and
improvement of agriculture;

(h) the conduct and prosecution
of suits and proceedings by or against the
Gram Panchayat; and

(i) such other matters as may be
prescribed.

Rule 56 of Rules, 2016

Duties of Chairman etc. 56. (1)
In addition to the duties and functions
specified in clauses (a) to (h) of section
60(2), the Chairman and every member of
the Samiti shall be under an obligation to
report to the Assistant Collector all cases
of damage, misappropriation or wrongful
occupation of the property entrusted or
deemed to be entrusted to the Gram
Panchayat.

(2) It shall be the duty of the
Lekhpal to report to the Collector through
the Tahsildar all cases of wrongful
occupation
of,
damage
to
and
misappropriation of property vested in the
Gram Panchayat or any other land vested
in the State, as soon as they come to his
notice and in any case after the
conclusion of Kharif and Rabi partal
every year.

(3) The Tahsildar shall satisfy
himself after expiry of the period of partal
of Kharif and Rabi that, each Lekhpal has
submitted such reports.

(4) The provisions of this rule
shall mutatis mutandis apply to a local
authority in respect of the properties vested
in it, with the modification that the duty in
respect of sub-rule (3) shall be discharged
by such official as may be decided by such
local authority."

Section 61. Management of
village tanks.- Where a tank in any village
is entrusted or deemed to be entrusted to
any Gram Panchayat under section 59,
then, notwithstanding anything contained
in any contract or grant or and law for the
time being in force, its management by
such Gram Panchayat shall be regulated
by the following conditions, namely:-

(a) where the area of the tank
measures 0.5 acre or less, it shall be
reserved for public use by the inhabitants
of the village;

(b) where the area of the tank
exceeds 0.5 acres, the Bhumi Prabandhak
Samiti shall, with the previous approval of
the Sub-Divisional Officer, let it out in the
manner prescribed.

Explanation. - For the purpose of
this section, the term 'tank', includes talab,
pond, pokhar and other land covered with
water.

12. Section 67 of U.P Revenue Code,
2006 read Rules 66 and 67 of, with the
U.P Revenue Code Rules, 2016 provides
for
the
prevention
of
damage,
misappropriate and wrongful occupation
of
property
belonging
to
Gram
252 INDIAN LAW REPORTS ALLAHABAD SERIES
Panchayat and restore its possession
after eviction.

The provisions of Section 67 of
the Revenue Code and Rules 66 and 67 of
Rules 2016 are being delineated below :-

"Section 67. Power to prevent
damage, misappropriation and wrongful
occupation of Gram Panchayat property.-
(1) Where any property entrusted or
deemed
to
be
entrusted
under
the
provisions of this Code to a Gram
Panchayat or other local authority is
damaged or misappropriated, or where any
Gram Panchayat or other authority is
entitled to take possession of any land
under the provisions of this Code and such
land is occupied otherwise than in
accordance with the said provisions, the
Bhumi
Prabandhak
Samiti
or
other
authority or the Lekhpal concerned, as the
case may be, shall inform the Assistant
Collector
concerned
in
the
manner
prescribed.

(2) Where from the information
received
under
sub-section
(1)
or
otherwise, the Assistant Collector is
satisfied that any property referred to in
sub-section (1) has been damaged or
misappropriated, or any person is in
occupation of any land referred to in that
sub-section
in
contravention
of
the
provisions of this Code, he shall issue
notice to the person concerned to show
cause why compensation for damage,
misappropriation or wrongful occupation
not exceeding the amount specified in the
notice be not recovered from him and why
he should not be evicted from such land.

(3) If the person to whom a notice
has been issued under sub-section (2) fails
to show cause within the time specified in
the notice or within such extended time as
the Assistant Collector may allow in this
behalf, or if the cause shown is found to be
insufficient, the Assistant Collector may
direct that such person shall be evicted
from the land, and may, for that purpose,
use or cause to be used such force as may
be necessary, and may direct that the
amount of compensation for damage or
misappropriation of the property or for
wrongful occupation, as the case may be,
be recovered from such person as arrears
of land revenue.

(4) If the Assistant Collector is of
opinion that the person showing cause is
not guilty of causing the damage or
misappropriation or wrongful occupation
referred to in the notice under sub-section
(2), he shall discharge the notice.

(5) Any person aggrieved by an
order of the Assistant Collector under subsection (3) or subsection (4), may within
thirty days from the date of such order,
prefer an appeal to the Collector.

(6)
Notwithstanding
anything
contained in any other provision of this
Code, and subject to the provisions of this
section every order of the Assistant
Collector under this section shall, subject
to the provisions of sub-section (5) be final.

(7) The procedure to be followed
in any action taken under this section shall
be such as may be prescribed.

Explanation. - For the purposes
of this section, the word 'land' shall
include the trees and buildings standing
thereon.

RULE
66
Information
to
Assistant Collector : The information to
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
253
Assistant Collector required by section
67(1) shall be submitted by the Chairman
or any member or the Secretary of the
Land Management Committee, or any
officer of the Local Authority concerned
in R.C. Form-19.

RULE 67 Further inquiry by
Assistant Collector: (1) On receipt of the
information under rule 66, or on facts
otherwise coming to his knowledge, the
Assistant Collector may make such inquiry
as he deems proper and may obtain further
information
regarding
the
following
points:-

(a) full description of damage or
misappropriation caused or the wrongful
occupation made with details of village,
plot number, area, boundary, property
damaged or misappropriated and market
value thereof;

(b) full address along with
parentage of the person responsible for
such
damage,
misappropriation
or
wrongful occupation;

(c)
period
of
wrongful
occupation, damage or misappropriation
and class of soil of the plots involved;

(d)
value
of
the
property
damaged or misappropriated calculated at
the circle rate fixed by the Collector and
the amount sought to be recovered as
damages. (2) The Assistant Collector shall
thereafter proceed to take action under
section 67(2) and for that purpose issue a
notice to the person concerned in R.C.
Form-20 to show cause as to why
compensation
for
damage,
misappropriation or wrongful occupation
not exceeding the amount specified in the
notice be not recovered from him and why
he should not be evicted from such land.

(3) If the notice referred to in
section 67(2) remains uncomplied with or if
the cause shown by the person concerned is
found to be insufficient, the Assistant
Collector may direct by order that-

(a) such person be evicted by
using such force as may be necessary; or

(b) the amount of compensation
for
damage
or
wrongful
occupation
ordered by the Assistant Collector, if not
paid in specified time, may be recovered as
arrears of land revenue, including the
amount of expenses referred to in sub-rule
(3).

(4) The amount of damages
sought to be recovered and the expenses of
execution of the order shall be specified in
such notice, which shall be determined in
the following manner:-

(a) In the case of damage or
misappropriation, the amount of damages
shall be assessed at the prevailing market
rate.

(b) In the case of unauthorized
occupation of any land, the amount of
damages shall be the amount equal to the
five percent of the market value of the land
calculated at the circle rate fixed by the
Collector for each year of unauthorized
occupation.

(c) The expenses of execution of
the order shall be assessed on the basis of
one day's pay and allowances payable to
the staff deputed.

(5) If the person wrongfully
occupying the land has done cultivation
therein, he may be allowed to retain
possession thereof until he has harvested
the crops subject to the payment by him of
254 INDIAN LAW REPORTS ALLAHABAD SERIES
the amount equal to the five percent of the
market value of the land calculated as per
the circle rate which shall be credited to
the Consolidated Gaon Fund or the Fund
of the local authority other than the Gram
Panchayat as the case may be. If the person
concerned does not make the payment of
the aforesaid amount within the period
specified in the notice in R.C. Form-20, the
possession of the land shall be delivered to
the Land Management Committee or the
local authority, as the case may be,
together with the crop: Provided that
where such person again wrongfully
occupies the same land or any other land
within the jurisdiction of the Gram
Panchayat or the local authority as the
case may be, he shall be evicted therefrom
forthwith and possession of the land vacant
or together with the crop thereon shall be
delivered
to
the
Land
Management
Committee or the local authority as the
case may be.

(6) The Assistant Collector shall
make an endeavour to conclude the
proceeding under section 67 of the Code
within the period of ninety days from the
date of issuance of the show cause notice
and if the proceeding is not concluded
within such period the reasons for the
same shall be recorded.

(7) Nothing in sub-rule (5) shall
debar the Land Management Committee or
the local authority as the case may be from
prosecuting the person who encroaches
upon the same land second time in spite of
having been evicted under the Code or the
rules, under section 447 of the Indian
Penal Code, 1860. (8) There shall be
maintained in the office of each Collector a
register in R.C. Form-21 showing details
of the amount ordered to be realized on
account of damages and compensation
awarded in proceedings under section 67.

(9) A similar register shall also
be maintained by each tahsildar showing
realization of damages and compensation
awarded in such proceeding. The entries
made in the register maintained at tahsil
shall be compared with the register
maintained by the Collector to ensure
accuracy of the entries made therein.

(10) A progress report showing
realization of damages and compensation
awarded in proceedings under section 67
shall be sent to Board of Revenue, U.P.,
Lucknow by the fifteenth day of April and
October every year. The Board after
consolidating the report so received from
the
districts
shall
send
it
to
the
Government.

(11) Nothing in rules 66 and 67
shall debar any person from establishment
of his right, title or interest in a court of
competent jurisdiction in accordance with
the law for the time being in force in
respect of any matter for which any order
has been made under section 67 of the
Code."

13. The R.C. FORM-19, R.C. FORM20 and R.C. FORM-21 prepared under
Rules 66 and 67 of Rules 2016 regarding
furnishing of information to Assistant
Collector, notice issued by the Assistant
Collector to the unauthorized occupation of
the property and register of the collector
showing amount as realized on account of
damages. The R.C. FORMS 19, 20 and 21
are being delineated below:-

R.C. FORM-19

[See Rule-66]
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
255

Information
to
Assistant
Collector
required
by
section
67(1)
regarding plot

No................area................of
the

Village
Pargana........Tahsil........District............
.......

To,

The
Assistant
Collector/Tahsildar

Tahsil ....................

District...................

Sir,

Sri..............s/o...............r/oVillage
..............Pargana......

Tahsil...............District......has
wrongfully occupied or has caused or is
causing damage to, or misappropriation of,
the property entrusted to the Gram
Panchayat
/local
authority
................specified below :-

(1) Plot No.....................

(2) Village ......................

(3) Tahsil........................

(4)Area of Plot..................

(5)Details
of
damage/misappropriation/unauthorised
occupation..............

(6) Year of the unauthorised
occupation..............

(7) Market value of the property
calculated at the circle rate fixed by the
Collector................

(8) Damages claimed .................

You are, therefore, requested to
take
necessary
action
against
the
unauthorised occupant aforesaid regarding
recovery of damages/compensation and
eviction of the unauthorised occupants.

Dated.........................................

 The
Chairman/Member/Secretary of LMC/

any
other
member of the Gram Sabha

 R.C. FORM-20

[See Rule-67(2) and
67(5)]

In
the
Court
of
Assistant
Collector/Tahsildar...................

Tahsil...........District.........

Case No..........of.............

 Gram
Panchayat/Local
Authority...............

 Versus

......................................

To,

Sri...........................

s/o...........................

r/o...........................

Whereas I am satisfied from
the report/information dated...........of the
Chairman /member/secretary of the Land
Management
Committee............/................(name
&
address of other informant)/ ...............
(name of the local authority) that you---

(a) have damaged/ are damaging
the property specified below;

(b) have misappropriated the
property specified below;
256 INDIAN LAW REPORTS ALLAHABAD SERIES

(c)
are
in
unauthorised
occupation of the property specified below:

Details of property entrusted
to the Gram Sabha/

Local authority to which this
notice relates.

(1)Plot No....................

(2)Village ......................

(3)Tahsil........................

(4)Area of Plot ...............

(5)Details
of
damage/misappropriation/unauthorised
occupation...........

(6)Market Value of the property
damaged/misappropriated/unauthorised
occupation.............

(7)
Damages
claimed
......................

(8)Expenses
of
execution.........................

Therefore, notice is hereby given
to
you
that
you
should
within.............days....(1)
remove
the
wrongful occupation and deposit the
damages of 152 Rs................and in case
you want to harvest the crop before
vacating the land, further deposit the
amount of Rs..............as rent; (2) repair
the damage or make good the loss on
account
of
misappropriation,
or/and
deposit Rs.................as damages for
causing damage to or misappropriation of
the property entrusted to the Gram
Panchayat/local authority; (3) do or
refrain from doing................and appear
before
me
in
my
court
room
on...............(date) at..............(time) to
report compliance with this notice or to
show cause against it.

You are also informed that in
case you do not attend on the specified date
and time either in person or through an
advocate and do not file any objection
against the show cause notice, a decision in
the matter would be taken and orders shall
be passed against you exparte.

Issued under my hand and the
seal of the court this .....................day of
......20.

Seal of the Court.

Presiding Officer..........

Designation...........

Date............

Note: Deposit of damages can be
made either with the Chairman of the Land
Management Committee or the Local
authority, as the case may be, and receipt
may be obtained.

R.C.FORM-21

[See Rule-67(8)]

Register showing details of the
amount ordered to be realized on account
of damages and compensation awarded in
proceedings under section 67 of the Code

Tahsil....................District.............
...........
10 All. Munni Lal @ Hari Sharan Vs. State of U.P. & Ors.
257
S
I.
N
o.
Cas
e
Nu
mbe
r
and
year
Na
mes
of
the
Part
ies
Da
te
of
or
de
r
Am
ount
orde
red
to
be
reali
zed
Am
ount
reali
zed
Rem
arks
1
2
3
4
5
6
7

14. For the purpose of proceedings
under Section 67 of the U.P Revenue Code,
2006, the Government of Uttar Pradesh
vide Government Notification dated
29.12.2020
has
authorised
the
Tahsildar/Tahsildar
(Judicial)
to
discharge the acts of Assistant Collector.

The Government Order dated
29.12.2020 in Hindi as well as in English
languages is being delineated below :

"उत्तर प्रदेश शासन

राजस्व अनुभाग-1

संख्या- 1510 / एक-1 -2020
-रा0 -1

 लखनऊ: ददनांक: 29 ददसंबर,
2020

 अदिसूचना

उत्तर प्रदेश राजस्व सदित, 2006 (उत्तर प्रदेश
अदिदनयम संख्या 8 सन 2012 ) की िारा 14 की उपिारा (2)
और िारा 219 के अिीन शदियों का प्रयोग करके राज्यपाल उि
अदिदनयम की िारा 67 के अिीन यथा दवदित रूप में सिायक
कलेक्टर के कृत्यों का दनवविन करने के दलए ददनांक 11 फ़रवरी,
2016 से तिसीलदार और तिसीलदार (न्यादयक) को प्रादिकृत
करती िै |

Uttar Pradesh Shasan

Rajaswa Anubhag-1

In pursuance of the provisions of
clause (3) of Article 348 of the Constitution
of India, the Governor is pleased to order
the publication of the following English
translation of Notification no.1510/Ek-12020-R-1, dated 29 December, 2020:

 Notification

No.1510/Ek-1-2020-R-1

Lucknow:
Dated
29
December, 2020

In exercise of the powers under
sub-section (2) of section 14 and section
219 of the Uttar Pradesh Revenue Code,
2006 (U.P. Act no.8 of 2012), the Governor
is pleased to authorize Tahsildar and
Tahsildar (Judicial) to discharge the acts
of Assistant Collector as prescribed under
section 67 of the said Act, with effect from
11 February, 2016."

15. As per the provisions of Section 67
read with Rules 66 and 67 of Rules, 2016,
it is the responsibility of the Samiti
including Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal to give
information to the Tahsildar for taking
action
in
respect
of
removal
of
encroachment from public land/public
utility land belongs to the Gram Panchyat/
Gram Sabha, but they are not taking any
action, nor the concerned Tahsildar is
taking any action under Section 67 of
Revenue Code to initiate proceedings for
removal of encroachment.

16. As per Rule 195 of the U.P
Revenue Code Rules, 2016 and Section
233 of the Uttar Pradesh Revenue Code,
2006, if any revenue officer does not
decide the suit, application or proceedings
or any other official does not submit the
required report, it amounts to misconduct.
258 INDIAN LAW REPORTS ALLAHABAD SERIES

17. Rule 195 of Rules, 2016 and
Section 233 and 67 of the Revenue Code,
2006 give command to concerned authority
of the district/State for taking action against
the erring officials who was not taking
action against the persons who have made
encroachment on the public land/public
utility land under the provisions of
Revenue Code and Rules, 2016 as well as
against Village Pradhan and Lekhpal of the
village Panchyat as well as against Village
Pradhan and Lekhpal of the Village
Panchayat.

The provision of Rule 195 of
Rules, 2016 and Section 233 of the Uttar
Pradesh Revenue Code, 2006 are being
delineated below:

"Rule 195.