Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1240 of 2019 Petitioner :- Bhagwat Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamal Kumar Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2 and 3 and Sri S.M Yadav, holding the brief of Sri R.C. Upadhyay, learned counsel appeared for respondent no.4.
With the consent of learned counsel for the parties, the writ petition is disposed of at the admission stage.
The contention of the counsel for the petitioner is that on Gata No. 288 Rakba 0.005 hec. situates at Village Barjala, Pargana Ghosi, Tehsil Maunath Bhanjan (Sadar), District Mau has been illegally encroached by the respondent no. 5 Rama Shankar. In this regard, the Tehsildar has proceeded and passed an order on 6.6.2018 holding that on the said disputed land the respondent no.5 has illegally constructed certain 'Madai' and even after the order passed by the Tehsildar, no action has been taken so far.
In view of the aforesaid submission of the learned counsel for the petitioner, the writ petition is disposed of by directing the Tehsildar, Sadar, District Mau respondent no.3 to take appropriate steps against the respondent no.5 and in case the respondent no.5 is still occupying the land belongs to Gaon Sabha he shall be immediately removed from the said land in accordance with law expeditiously.
Order Date :- 29.5.2019 S.S.