Court No. - 39
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2125 of 2019 Petitioner :- Ashok Kumar Chauhan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Firdos Ahmad Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashwani Kumar Mishra,J.
It is alleged that Plot No. 328M in Village - Berav, Pargana - Kauriya, Tehsil - Budhanpur, District - Azamgarh is recorded in the Khatauni as Chak Marg. According to petitioner, the land has been encroached by the respondent nos. 5 & 6 and is being used for agricultural purposes. It is stated that an application has been moved before the competent authority for removal of encroachment and for restoration of chak marg, but no proceedings have been undertaken. In support of such contention, attention of the Court has been invited to Annexure 4, which contained an endorsement made by ADM (Administration) Azamgarh on 30th July, 2019 for the SDM concerned to examine the issue. It is stated that even thereafter nothing has been done.
Considering the nature of order proposed to be passed, notices need not be issued to respondent nos. 5 & 6. Learned Standing Counsel appears on behalf of respondent nos. 1 to 4; whereas Sri R.C. Upadhyay, has appeared for respondent no. 7.
Considering the grievance raised, it would be appropriate to direct the third respondent to examine petitioner's grievance and to take necessary steps, as may be warranted in law, particularly contained in Section 67 of the U.P. Revenue Code, 2006, after issuing notices to the parties concerned and to conclude the proceedings, within a period of four months, from the date of presentation of a certified copy of this order.
With the aforesaid observations and directions, this writ petition stands disposed of.
Order Date :- 28.11.2019 Ranjeet Sahu