Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 83 of 2019 Petitioner :- Ajay Kumar Sharma Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Dharmendra Kumar Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Dhirendra Singh, learned Standing Counsel appearing for the State respondents to 1 to 4 and Sri T.M. Khan, learned counsel for the respondent no. 5 and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondents no. 1 to 4 to take proper action and restrain the respondents no. 6 to 10 from illegal encroachment/construction over public utility land, "pond" (Pokhri) to the Arazi (Khasara no. 120Ka of the Gata) area 0.065 Hectare, which is recorded as Pond (Pokhri), (Public Utility Land) in the village Baravan, Tappa Bedupar, Tehsil Hatta, District Kushinagar.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot 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 plot, 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 three 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 :- 21.1.2019 p.s.