Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3737 of 2018 Petitioner :- Ashok Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding respondent no.2 i.e. Deputy Collector, Lalganj, District- Azamgarh to remove the alleged illegal encroachments made by certain persons over Plot nos.500 and 573, which are recorded as bheeta in the revenue records as well as from Plot No.574 recorded as pond in the revenue records.
Counter affidavit sworn by Tehsildar, Tehsil-Lalganj, District-Azamgarh has been filed by learned Standing Counsel, which is taken on record.
In the aforesaid counter affidavit it has been stated that certain portions of Plot Nos.500 and 573 which had been recorded as bheeta in revenue records, were given on agricultural patta to certain persons and proceedings u/s 33/39 of U. P. Land Revenue Act 1901 have been registered in the Court of Sub Divisional Officer, Lalganj, District- Azamgarh for correction of revenue records regarding Plot nos.500 and 573. It has been further submitted that fisheries lease has been granted in the name of Naveen on Plot No.574.
In view of aforesaid, no mandamus as sought in the writ petition can be issued for eviction of persons from Plot Nos.500, 573 and 574 till the revenue records are suitably corrected. Thus, this writ petition is being disposed of with a direction to the Sub Divisional Officer, Lalganj, District- Azamgarh to decide the case registered u/s 33/39 of U. P. Land Revenue Act 1901 within a period of three months from the date a certified copy of this order is filed before him. The proceedings regarding eviction of persons in possession over Plot No.500 and 573 shall depend on the orders passed u/s 33/39 of U. P. Land Revenue Act 1901 and in case, the said persons are found to be in illegal occupation of aforesaid plots, the concerned Assistant Collector shall take steps u/s 67 of U. P. Revenue Code 2006 in accordance with law and pass appropriate orders within a period of six months.
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 :- 31.7.2018 Manish Himwan