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2025 DAILYLAW 25006 (ALL)

SIYARAM AND 3 OTHER v. THE STATE OF U.P. AND 12 OTHER

WRIC/6217/2025 · 2025-03-03

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29976-DB Court No. - 29 Case :- WRIT - C No. - 6217 of 2025 Petitioner :- Siyaram And 3 Other Respondent :- The State Of U.P. And 12 Other Counsel for Petitioner :- Mohd. Shahanshah Khan Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioners assert that private respondents have encroached upon reservoir/pond, which is not only utilized for irrigation purposes but is also used by animal etc. for drinking water. It is stated that despite grievance raised, no action has been taken in the matter. Learned State Counsel submits that the nature of dispute raised by the petitioners can always be attended to, if an approach is made to the competent forum under Section 67 of the U.P. Revenue Code, 2006. Section 67 of the U.P. Revenue Code, 2006 clearly provides that where any property entrusted or is deemed to be entrusted under the provisions of U.P. Revenue Code, 2006 to a Gram Panchayat/local authority, and if it is damaged or misappropriated, the Assistant Collector would be the competent authority, who would look into such issues and take such action against private persons. Procedure for adjudication under Section 67 of the U.P. Revenue Code, 2006 is otherwise provided under Rule 67 of the Rules framed thereunder. Once a statutory scheme otherwise exists for addressing the nature of grievance raised, we are not inclined to entertain the present writ petition. It is, however, provided that if proceedings are initiated under Section 67 of the U.P. Revenue Code, 2006, the Sub-Divisional Magistrate shall ensure that such proceedings are concluded, expeditiously, after notice to the private respondents and source of water, if obstructed, would be made free by taking appropriate action, in accordance with law, within a period of four months from the date of presentation of a certified copy of this order. It is made clear that we have not adjudicated the claim of petitioners on merits and all issues are left open to be examined by the competent authority, at the first instance. Order Date :- 4.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad