# Sadaram v. State of U.P. & Ors

- **Citation:** (2023) 5 ILRA 1521
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-05-17
- **Case number:** Public Interest Litigation (PIL) No. 415 of 2023
- **Bench:** Rajesh Singh Chauhan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sadaram-v-state-of-u-p-ors-50133
- **Pages:** 4

## Headnote

C.S.C., Pankaj Gupta

Public Interest Litigation - Removal of
illegal encroachment over public utility
land - The Court directed the Principal
Secretary, Department of Revenue, Civil
Secretariat,
U.P.,
Lucknow,
to
issue
necessary
directions/directives/circulars
to ensure that the public utility land of
Gaon Sabha is free from encroachment
and that such public utility land is utilized
only for the purpose for which it has been
recorded in the revenue records.
Allowed. (E-5)

## Text

5 All. Sadaram Vs. State of U.P. & Ors.
1521
8-Ga is set aside. The proceedings of the
suit shall be conducted on behalf of
appellant through the special power of
attorney holder. In the event, the trial Court
requires oral evidence of the appellant, that
can be ensured through video conference.

15.
The
appeal
is,
accordingly,
allowed.
----------
(2023) 5 ILRA 1521
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 17.05.2023

BEFORE

THE HON'BLE RAJESH SINGH CHAUHAN, J.

Public Interest Litigation (PIL) No. 415 of 2023

Sadaram ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Vinay Kumar Tiwari

Counsel for the Respondents:
C.S.C., Pankaj Gupta

Public Interest Litigation - Removal of
illegal encroachment over public utility
land - The Court directed the Principal
Secretary, Department of Revenue, Civil
Secretariat,
U.P.,
Lucknow,
to
issue
necessary
directions/directives/circulars
to ensure that the public utility land of
Gaon Sabha is free from encroachment
and that such public utility land is utilized
only for the purpose for which it has been
recorded in the revenue records.
Allowed. (E-5)

(Delivered by Hon'ble Rajesh Singh
Chauhan, J.)

1. Heard Sri Vinay Kumar Tiwari,
learned counsel for the petitioner and Sri
Yogesh Kumar Awasthi, learned Standing
Counsel for the State-respondents no.1, 2 &
3. Notice for opposite party no.4/Gaon
Sabha has been accepted by Sri Pankaj
Gupta.

2. Sri Ganesh Nath Mishra, learned
Advocate, has filed Vakalatnama on behalf
of opposite party no.5, the same is taken on
record.

3. By means of this petition, the
petitioner has prayed following main
reliefs:-

"(i) Issue a writ, order or direction in
the
nature
of
Mandamus
thereby
commanding
the
opposite
parties/
Authorities concern to ensure release of
Gaon Sabha Land i.e. Gata No. 653/0.1980
hectare, recorded as Rasta in the revenue
record situated in Village - Veshahupur,
Motiganj, Seeha Gaon, Gonda, which are
recorded as public utility land in the
revenue record, from illegal encroachment
of the land grabbers and restore it to its
original shape.

(ii) Issue a writ, order or direction in
the nature of mandamus commanding the
opposite party no. 1 to initiate inquiry
against inaction on the part of the
authorities
concern
in
not
removing
encroachment from Gaon Sabha Land i.e.
Gata No. 653/0.1980 hectare, recorded as
Rasta in the revenue record situated in
Village
-Veshahupur,
Motiganj,
Seeha
Gaon, Gonda which are recorded as public
utility land in the revenue record, from
illegal encroachment of the land grabbers,
in
order
to
punish
the
guilty
persons/authorities."

4. At the very outset, Sri Ganesh Nath
Mishra, learned counsel for opposite party
no.5 has raised objection to the effect that
1522 INDIAN LAW REPORTS ALLAHABAD SERIES
the present petitioner has not disclosed his
complete credentials in terms of the High
Court Rules, therefore, this PIL may be
dismissed on this ground alone. Replying to
the aforesaid contention, learned counsel
for the petitioner has drawn attention of this
Court towards paragraph nos.4, 5 & 6 of
the writ petition wherein he has disclosed
his credentials strictly in accordance with
law in view of the High Court Rules.

5. Having considered the aforesaid
paragraphs
of
the
writ
petition
i.e.
paragraph nos.4, 5 & 6, I find that the
present PIL is maintainable so for as the
prayer of the writ petition is concerned.

6. Sri Yogesh Kumar Awasthi, learned
Standing Counsel has produced instructions
letter dated 14.05.2023 preferred by the
Sub Divisional Officer, Sadar, Gonda
addressing to the Chief Standing Counsel
of this Court enclosing therewith the
comments, order dated 14.05.2023 passed
by the Sub Divisional Officer, Sadar,
Gonda, spot inspection report, statement of
the villagers, Naksha Nazari, copy of
Khetauni, other documents and copies of
the recall applications dated 04.05.2023
preferred by opposite party no.5 and other
persons, same are taken on record.

7. Before adverting to the issue in
question, the Court puts its displeasure on
record
regarding
casual
and
callous
approach
of
the
competent
revenue
authority who despite the specific order
being passed on 25.11.2008 has not taken
proper and positive efforts and endeavour
to vacate/ remove the illegal encroachment
from the public utility land, if any, against
that encroachment. Therefore, it is expected
that the District Magistrate, Gonda shall
look into this aspect and shall pass
appropriate orders on the administrative
side since this Court time and again has
directed in couple of petitions of Public
Interest Litigation that if there is any illegal
encroachment over any public utility land,
the same should be removed forthwith and
if any order to remove the illegal
encroachment is passed, the same shall be
executed forthwith, strictly in accordance
with law. Notably, in the present case, the
order dated 25.11.2008 has not been
executed till date and applications for recall
of the order dated 25.11.2008, which have
been filed after about 15 years, have been
entertained by the Tehsildar (Judicial),
Gonda and said applications have been kept
pending. Since the recall applications have
been filed by some of the villagers
including
opposite
party
no.5
on
04.05.2023, meaning thereby the order
dated 25.11.2008 has not been assailed
before the appellate authority till date.
Therefore, in absence of any order being
passed by the competent authority against
the order dated 25.11.2008, the illegal
encroachment over the public utility land is
still existing, so this is the glaring example
of casual and callous approach of the
competent revenue authority, which should
be handled by the superior authority on the
administrative side for the purposes of
setting example that if any competent
revenue authority does not act strictly in
accordance with law to remove the illegal
encroachment from the public utility land,
he may be subjected to any proper action,
which would be required in the facts and
circumstances of the issue in question.

8. It is also pertinent to indicate here
that any illegal encroachment over the
public utility land is not only illegal and
unauthorized but the same creates serious
prejudice to the villagers at large of the area
and very purpose of public utility land is
frustrated since such land has been
5 All. Sadaram Vs. State of U.P. & Ors.
1523
encroached illegally by some persons.
Therefore, by means of this order, all the
competent revenue authorities of the State
of U.P. are directed to take up the matter of
illegal encroachments seriously and if any
complaint is received from any end
regarding illegal encroachment over the
public utility land of the Gaon Sabha, the
spot inspection should be carried out
immediately by a team of revenue officials/
officers and if it is found that there is any
illegal encroachment over the public utility
land of the Gaon Sabha, prompt exercise
removing
the
aforesaid
illegal
encroachment must be undertaken and after
conclusion of the case so registered for
removal of that illegal encroachment, the
order passed by the competent revenue
authority should be executed forthwith
inasmuch as if the appropriate order for
removal of illegal encroachment is not
executed well in time, the purpose of
passing appropriate order for removing/
vacating the illegal encroachment would be
meaningless and the illegal encroachment
would be persisting for quite long time. The
present case is a glaring example of nonexecution of the order passed by the
competent authority for removing the
illegal encroachments.

9. In the present case, the Sub
Divisional Officer, Sadar, Gonda has
passed order dated 14.05.2023 wherein this
fact has been indicated that seven persons
have illegally encroached on some part of
Gata
No.653/0.198
hectare
and
the
Tehsildar (Judicial), Sadar, Gonda has
passed the order dated 25.11.2008 for
removal and compensation against those
persons but the exercise of removing such
illegal
encroachment
is
underway,
therefore, the Sub Divisional Magistrate
has constituted a team consisting of Naib
Tehsildar,
Revenue
Inspector,
four
Lekhpals and one Area Lekhpal to remove
the illegal encroachment. I am unable to
comprehend that when the Sub Divisional
Officer, Sadar, Gonda has noticed the fact
that the order for removal of illegal
encroachment has already been passed on
25.11.2008, as to what action has been
taken against the competent revenue
authority on the administrative side seeking
explanation
as
to
why
the
illegal
encroachment has not been removed in the
last more than 14 years.

10. If it is presumed for the argument
sake that the order dated 25.11.2008 is an
ex-parte
order
against
the
illegal
encroachers against which the recall
applications have been filed on 04.05.2023
wherein the next date for hearing is fixed
for 27.05.2023, I fail to understand and
comprehend as to why no proper exercise
has been carried out to execute the order
dated 25.11.2008 within the time so
prescribed under the U.P. Revenue Code,
2006 inasmuch as had the order dated
25.11.2008 been executed forthwith, the
recall application, if it was so required,
would
have
been
filed
immediately
thereafter and disposal thereof would have
been done strictly in accordance with law
by the competence authority but on account
of callous approach of the competent
revenue
authority,
the
order
dated
25.11.2008 has not been executed till date
and now, applications for recall of the order
dated
25.11.2008
are
pending
consideration. All the aforesaid facts are
self-explanatory wherein there is no need to
ask any evidence, therefore, it is reiterated
that if any appropriate action is not taken
on the administrative side against the erring
revenue officers/ officials by the District
Magistrate concerned, it would encourage
them to keep the execution of the orders
passed to remove the illegal encroachment
1524 INDIAN LAW REPORTS ALLAHABAD SERIES
over the public utility land of the Gaon
Sabha pending.

11. Khetauni, which has been
enclosed with the instructions letter, also
indicates that the gata in question is
recorded as Rasta (public pathway) in the
revenue record and the public pathway/
Rasta may not be encroached by any person
as such encroachment would create serious
prejudice and hindrance to the public at
large. Since the next date for hearing of the
restoration/ recall applications has been
fixed for 27.05.2023, therefore, I do not
find any good ground or reason to keep this
PIL pending any longer, accordingly, this
PIL is disposed of at the admission stage
directing the competent revenue authority
to dispose of recall applications, strictly in
accordance with law, by affording an
opportunity of hearing to the parties
concerned, with expedition, if possible on
the date fixed or within further fifteen days
and
shall
ensure
that
the
illegal
encroachment over the public utility land
be removed strictly in accordance with law.

12. The Senior Registrar of this Court
shall provide certified copy of this order to
the Principal Secretary, Department of
Revenue, Civil Secretariat, U.P., Lucknow
and the Collector, Gonda within three
working days for perusal and necessary
action against the erring officials/ officers.

13. Since the aforesaid direction has
been issued for the entire State i.e. State of
U.P., therefore, the Principal Secretary,
Department of Revenue, Civil Secretariat,
U.P., Lucknow shall issue necessary
directions/ directives/ circular to ensure that
the public utility land of Gaon Sabha is free
from encroachment and such public utility
land be utilized only for the purpose it has
been recorded in the revenue record.

14. This PIL is accordingly disposed
of.
----------
(2023) 5 ILRA 1524
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 03.05.2023

BEFORE

THE HON'BLE RAJESH SINGH CHAUHAN, J.

Writ B No. 1002222 of 1999

Kamlesh Kumar ...Petitioner
Versus
Board of Revenue Lucknow & Ors.
 ...Respondents

Counsel for the Petitioner:
T.N Gupta, Durga Prasad, I.D. Shukla,
Mehdi Abbas Rizvi, S.K. Mehrotra, S.K.
Singh, T.N. Gupta

Counsel for the Respondents:
C.S.C., R.N. Gupta, Seema Devi
Civil Law - U.P. Land Revenue Act, 1901 -
Section 218 - Section 218 of the Land
Revenue Act h repealed by the U.P. Act
No. 20 of 1997 w.e.f. 18.08.1997 -
Section 10 of the 1997 Amendment Act -
By the impugned order, the Board of
Revenue remanded the case for a fresh
decision
to
the
Commissioner
in
accordance with S. 218 of the Land
Revenue Act. Held: Following the law laid
down in Shri Ram Vs Board of Revenue
U.P., Lucknow & ors., 1999 (1) JCLR 1010
and Ravi Shanker Tripathi Vs Board of
Revenue,
U.P.,
Lucknow
through
its
Chairman & Ors., 2007 (1) ADJ 23, the
Court held that the transitory provision
contained in Section 10 of the 1997
Amendment
Act
saved
only
those
proceedings which were pending before
the Board of Revenue. Therefore, the
proceedings which were pending before
the
Commissioner
or
the
Additional
Commissioner
on
18.08.1997
were