Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1100 of 2021 Petitioner :- Atiullah Shah Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amresh Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The counsel for the petitioner is permitted to implead the Gaon Sabha as respondent no. 7 in the petition during the course of the day.
Heard the counsel for the petitioner, Sri S.P. Saroj, Advocate holding brief of Sri Sudhir Bharti, the counsel for the Gaon Sabha and Sri Ranjeet Asthana, the counsel for the respondent nos. 5 and 6.
The petitioner has approached this Court praying for a writ of mandamus directing the respondent authorities to remove the illegal encroachments made by respondent nos. 5 and 6 over Arazi No. 447, which the petitioner alleges to be Gaon Sabha property.
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 arazi to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said arazi, on receiving the aforesaid representation shall enquire 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 :- 27.7.2021 Satyam