Allahabad HC orders to start eviction action against PIL's petitioner for encroachment

Prayagraj (UP), Sep 10 (PTI) The Allahabad High Court has directed the Prayagraj revenue authorities to initiate eviction proceedings against a PIL's petitioner who himself was found to be involved in encroaching a pond's land by getting a house constructed there.

Interestingly, the petitioner had filed a PIL seeking the removal of encroachment by another person, but in the authorities' report, he himself was involved in the encroachment of the gram sabha's pond land.

The petitioner, Omraj, a resident of Handia in Prayagraj, had filed a PIL complaining about encroachment on the pond land by Lalmani Patel of the opposite party.

In the inquiry conducted on the order of the court, it was found that the petitioner's house was built on the pond land. The court directed that action be taken against the petitioner under section 67 of the Revenue Code.

Besides, a report has also been sought on the action taken against the lekhpal and revenue inspector who gave a false report of encroachment against the opposite party.

The petitioner had filed a petition against Lalmani Patel, alleging that his house was built on pond land. Omraj demanded the enforcement of the eviction order given by the tehsildar in 2022.

During the court proceedings, Lalmani Patel's lawyer told the court that the eviction order of the tehsildar and SDM was wrong, on which Justice Arun Kumar Singh Deshwal ordered a re-investigation. On August 21, the Handia tehsildar filed an affidavit in the high court.

It was said in the affidavit that when the land was re-measured, it was found that the pond land did not belong to Lalmani Patel but the house built on it belonged to the petitioner Omraj.

Expressing displeasure over the attitude of the officials, the court said that when the opposite party had not done any encroachment, then how was the eviction order passed against him. The court sought a report in the affidavit about the action taken against Lekhpal Dilip Kumar and Revenue Inspector Gaya Prasad Kushwaha, who gave a wrong report of encroachment.

The court, in its order dated September 4, also directed that action under the Uttar Pradesh Revenue Code be taken to remove the encroachment of the petitioner. PTI COR RAJ KSS KSS