Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1255 of 2019 Petitioner :- Badruddin Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1, 2 and 3. No one is appeared on behalf of respondent no.4 With the consent of the learned counsel for the parties, the writ petition is being disposed of.
The allegation of the petitioner is that the respondent nos.5 to 10 have illegally encroached the public utility land being Plot no.378 area 0.0380 hectare, Plot no.379 area 0.0320 hectare, Plot No.380M area 0.2680 hectare and Plot No.431 area 0.7660 hectare (Kabristan) situated at Village Sonbujurg, Post Nainijor, Tehsil Sagadi, Police Station Raunapar, District Azamgarh which is recorded as Kabristan in the revenue record.
Learned counsel for the petitioner has placed reliance on the Khatauni, a copy of which is enclosed as Annexure 1 to the writ petition.
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 plot 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 plot, on receiving the aforesaid representation shall inquire 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 three 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 'Kabristan' 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 made clear 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 :- 29.5.2019 A.Kr.*