Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 421 of 2019 Petitioner :- Bali Ram Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Vinod Kumar Yadav,Shashank Kumar Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents. Sri Manoj Kumar Yadav, learned counsel has accepted notice for the respondent - Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondents to take appropriate legal action against the respondents no. 6 to 12 and other persons involved in the illegal encroachment over the land recorded in the revenue records as Naveen Parti land over Arazi no. 417, measuring 0.0490 Hectare and Arazi no. 419, area 0.250 Hectare recorded as Naveen Parti, situated at Village Tajpur (Mitrapura), Pargana Dehma, Tehsil Mohmmadabad, district Ghazipur and to restore the Naveen Parti land into its original shape by removing the illegal construction and also direct the respondents no. 2 to 4 to decide the representation dated 5.7.2018 contained in Annexure-3 to the writ petition by passing a reasoned and speaking order, within the time frame as fixed by this Court.
In view of the aforesaid, 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 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 :- 26.2.2019 p.s.