Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5136 of 2018 Petitioner :- Ajay Kumar And 6 Others Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Kamla Prasad Tiwari,Saurabh Kumar Tiwari Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Vivek Kumar Birla,J.
At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the prayer clause.
Prayer so made is allowed. He may do so during the course of day.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Umrao, learned counsel holding brief of Sri M. N. Singh counsel for the respondent-Gaon Sabha 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 respondent nos. 1, 2 and 3 to remove the illegal encroachment of respondent no. 4 including some villagers over gata no. 266 area 0.1900 hectare situated in village Mohammadpur Nar, Jahangirpur, Pargana Jewar, Tehsil Khurja, District Bulandshahar.
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 :- 19.12.2018 Abhishek