Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4192 of 2018 Petitioner :- Banarasi Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Subhash Chandra Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents revenue authorities to remove the illegal encroachments made over Plot Nos. '35 Gha' and '35 Ang', which the petitioner alleges to be Navin Parti and Pond. In this respect, the petitioner has already filed an application dated 27.7.2018 before the Tehsildar. However, it has been stated in the writ petition that no action has yet been taken by the Tehsildar on the aforesaid application dated 27.7.2018 submitted by the petitioner.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that 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, the Tehsildar 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 six months. In case the allegations of the petitioner are found to be true, the Tehsildar shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Tehsildar is stayed by any superior authority or court in any appeal or revision filed against the order of Tehsildar. It is also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Tehsildar, to be heard in opposition to the noticee in the said cases, the Tehsildar shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 23.8.2018 Anurag/-