Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1233 of 2019 Petitioner :- Awadhesh Kumar Rai And 18 Others Respondent :- State Of U.P. And 44 Others Counsel for Petitioner :- Varun Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Viveka Nand Rai,Vivekanand Rai
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners, learned Standing Counsel and Sri Vivekanand Rai who has entered appearance on behalf of respondent Nos. 6 to 45.
In a public interest litigation instituted in 2016 by the present petitioners and others a learned Judge of the Court had called upon the Assistant Collector to undertake an enquiry and if circumstances warrant to initiate proceedings under Section 67 of the U.P. Revenue Code 2006. Since that order was stated to have not been complied with, a contempt petition was also preferred which was disposed of by this Court. In that contempt petition, an order dated 19 February 2018 was passed placing on record the compliance effected by the respondents. In that order it has been noted that plot No. 222 is occupied by 35 families belonging to the Scheduled Castes. It is disclosed that a Harijan Basti has been established on that plot and has been in existence for many decades. It was further pointed out that proceedings for the eviction of the Scheduled Caste members occupying the plot in question had been initiated.
Sri Rai learned counsel for the private respondents has drawn the attention of the Court to the entries as appearing in C.H. Form 45 to contend that the plot in question was initially recorded as Banjar. Subsequently by an order dated 10 February 2012 the revenue records appear to have been amended and the plot recorded as Khalihan. The order aforementioned is stated to have been passed pursuant to directions issued by the Consolidation Officer on 20 June 1991. The private respondents in this petition upon deriving knowledge of those orders have filed an application for restoration which is pending disposal before the respondents.
In view of the above and till such time as the restoration application is decided, the Court finds no ground to frame any peremptory directions for their eviction.
Learned Standing Counsel submits that subject to the orders that may be passed on the application for restoration, the State respondents shall, as in duty bound, proceed in the matter in accordance with law.
The petition shall stand disposed of on the above terms.
Order Date :- 21.8.2019 faraz