Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4406 of 2018 Petitioner :- Ashish Kumar Pathak Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The petitioner has approached this Court praying for a writ of mandamus directing the respondents revenue authorities to remove the alleged encroachments made over Plot Nos. 666 and 237 situated at village Medhaki, Pargana and Tehsil- Mau Ranipur, District Jhansi which the petitioner alleges to be Canal and Sector Road. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Assistant Collector, even though under Section 26 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to enquire into matters relating to encroachments over public road and pass appropriate orders for removal of the said encroachments.
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 plots to the notice of the concerned Assistant Collector who, if no proceedings under Section 26 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachments over the said plots, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 26 of the Uttar Pradesh Revenue Code, 2006 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 plots 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 challenge to the order of Assistant Collector. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 19.9.2018 Sattyarth