Neutral Citation No. - 2025:AHC:122680 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1931 of 2025 Petitioner :- Mante Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajeev Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Kshitij Shailendra,J. 1. The present petition has been filed by Village Pradhan, Rajgarh in his personal capacity impleading State Authorities, private respondents as well as Land Management Committee through himself as respondents. 2. The grievance raised by means of this petition is that though the land covered by Gata No. 244, measuring 0.2920 hectare, is recorded as Banjar, the respondent nos. 6 and 7, who are co- sharers in the adjoining Gata No. 250, have made encroachments over Gata No. 244 and despite moving certain applications before the police authorities as well as District Magistrate and Tehsildar, no steps have been taken for removal of encroachments. 3. Learned Standing Counsel submits that the grievance raised is multi fold in nature and it is not clear as to whether certain public way encroached upon by some person is being sought to be removed or it is a case where land of Gaon Sabha has been encroached upon in any manner. Further submission is that U.P. Revenue Code, 2006 (in short 'the Code, 2006') takes care of situations like this and jurisdiction of authorities is well defined under the Code and the case of the petitioner may either fall under Section 25 or Section 26 or Section 67 of the Code, 2006, however, no such proceedings have been instituted so far. 4. A perusal of the provisions pointed by learned Standing Counsel reveals that action can be taken against the encroachers and also in respect of encroached property either suo moto or on application moved by any person. 5. As a matter of fact, any member of Gaon Sabha has a right to move application before the authorities, who are competent to deal with the same. 6. Surprisingly, the petitioner himself is Village Pradhan and though he may have grievance as head of the Land Management Committee for removal of encroachment, nevertheless, there is no restriction, factual or legal, whereby the petitioner cannot approach the Tehsildar by moving appropriate application in accordance with the provisions of Act as well as Rules framed thereunder and arraying the encroachers as parties thereto. 7. Considering the facts and circumstances of the case, this petition is disposed of in the following manner:- (i) The petitioner or the Gaon Sabha may file appropriate application under the provisions of Code, 2006 before the competent court in relation to the matter in issue. (ii) In case the application is filed within a period of three weeks from today, after ensuring compliance of Rules, 2016, the same shall be allotted a computerized number and the authority concerned shall dispose of the proceedings strictly in accordance with law after providing opportunity of hearing to the persons against whom allegations of encroachment have been made, within a period of four months after registration of proceedings. 8. It is made clear that this Court has not expressed any opinion regarding correctness of the allegations of encroachment and it is for the authority to deal with the same in accordance with law. Order Date :- 25.7.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad