Court No. - 30
Case :- WRIT - C No. - 36929 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Kuldeep Singh Chahar,Lavesh Sharma Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Harish Chandra Duve, learned counsel for the respondent-Gaon Sabha and perused the record.
Pursuant to the order dated 12.11.2018 learned Standing Counsel has produced a copy of the instructions dated 23.11.2018, which is taken on record.
According to the instruction certain construction has already been removed from 0.4360 out of area 0.4840 of Gata No. 402 and possession has been handed over to the Gram Pradhan. For area 210 sq. mts. of Gata No. 402 a perusal of instruction indicates that the proceedings under Section 67 (1) of UP Revenue Code, 2006 have already been registered.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector 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.
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 :- 28.11.2018 Lalit Shukla