Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3774 of 2018 Petitioner :- Ajay Kumar Dubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Babhru Vahan Singh,Vinay Kumar Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents no. 2 and 3 to remove the alleged encroachments made by the respondents no. 4 to 6 from Plot Nos. 522, 524 and 427, which the petitioner alleges to be chak marg and to have vested in the Gaon Sabha.
In this context, the petitioner has also submitted a representation before the Incharge, Tehsil Diwas and on the said representation, the concerned Tehsildar, i.e. the Assistant Collector, Tehsil Meh Nagar, District Azamgarh vide order dated 18.11.2015 was directed to take appropriate action. It appears that no action has yet been taken despite the aforesaid orders to the Assistant Collector.
It would serve no useful purpose to keep the writ petition pending, and therefore, the petitioner is permitted to file a fresh application before the Assistant Collector/Tehsildar, Tehsil Meh Nagar, District Azamgarh bringing the relevant facts regarding encroachment over the aforesaid plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plots, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.7.2018 Pratima