- (1.) HEARD Learned Counsel for the Petitioner and learned Standing Counsel.
(2.) IN the instant petition filed as public interest litigation, the Petitioner has alleged that Respondents No. 5 to 11 have encroached upon the plot No. 199, which is recorded as Khalihan, which is a public utility land. Relying upon the judgment of the Hon'ble Apex Court in the case of Hinch Lal Tiwari v. Kamala Devi and Ors. : (2001) 6 SCC 496, Learned Counsel for the Petitioner sought to argue that original nature of the public utility land be restored after dispossessing the unauthorized occupants.
(3.) ON the other hand, learned Chief Standing Counsel has submitted that there are provisions under the U.P. Zamindari Abolition and Land Reforms Act, which provide for taking action in the event of any such encroachment and the Petitioners ought to have approached the competent authority taking recourse to the provisions contained under the said Act instead of rushing to this Court.;