Court No. - 1
Case :- WRIT - C No. - 25832 of 2020 Petitioner :- Antresh Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Agarwal,J.
Petitioner's grievance is that respondent no. 4 has made encroachment upon public utility land contained in Arazi No. 2293 M measuring 0.16 Hect situated in village Sidhave, Tehsil Kasaya, District Kushinagar. It is submitted that the authorities of the State are not taking any action even on the complaint made by the petitioner against respondent no. 4 for removal of such encroachment from the public utility land.
If that be so, petitioner is directed to approach the Collector, Kushinagar with a copy of this petition and the computer generated copy of the order being passed today within 15 days from today. In case, the petitioner approaches the Collector with a copy of this petition, then the Collector shall consider his representation made by the petitioner and shall cause an enquiry into the allegations of encroachment to be concluded within 30 days from the date of receipt of copy of the representation along with copy of order being passed today. In case, it is found that there is any encroachment over public utility land contained in Arazi No. 2293 M measuring 0.16 Hect situated in village Sidhave, Tehsil Kasaya, District Kushinagar. shall cause to remove it within further period of 45 days and report the matter to the registry.
If It is found that the allegations made by the petitioner are malafide and motivated and no encroachment is made on the aforesaid land land as reported by the petitioner, then the Collector, Kushinagar will be free to take appropriate action against the petitioner, as permissible under law.
With the aforesaid observations, this petition is disposed of.
Order Date :- 7.1.2021 S.K.S.