Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4005 of 2018 Petitioner :- Arjun Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Ram Khelawan Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The petitioner has approached this Court praying for a writ of mandamus directing respondent no.2 to 5 to remove the illegal encroachments made by respondent nos.6 to 8 over Plot No.731, which the petitioner alleges to be Gaon Sabha property. In this regard, the petitioner has already submitted a representation dated 21.7.2017 before the Tehsildar, Tehsil-machhali Shahar, District Jaunpur, i.e respondent no.4.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that if no case has yet been registered by the Assistant Collector under Section 67 of the Uttar Pradesh Revenue Code, 2006 on the representation of the petitioner, 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 six 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 :- 26.7.2018 IB