Court No. - 59
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4654 of 2018 Petitioner :- Akbar Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Ashok Kumar,J.
Heard learned counsel for the parties.
With the consent of the parties, the writ petition is disposed of at the admission stage.
By means of the present writ petition the petitioner alleges that the respondent nos. 6 to 8 have illegally encroached over Gata No. 294 area 0.0680 hec., (Garaha), which is the public utility land/Gram Sabha land, situated in Village Benipur Urf Puraina, Tappa Kot, Tehsil Itwa, District Siddharh Nagar.
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 Gata 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 Gata, 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 :- 27.10.2018 S.S.