Court No. - 23
Case :- WRIT - C No. - 25378 of 2018 Petitioner :- Bhuveneswar Nath Pandey Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Shashikant Pandey,Pramod Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent nos. 2 & 3 to remove the alleged encroachments made by respondent no.5 over plot No.205 which the petitioner alleges to be Gaon Sabha property.
It transpires from the record that proceedings under section 67(1) of the U.P Land Revenue Code, 2006 have already been instituted against respondent no.5 and Case No.20151429022644 has been registered in the Court of Assistant Collector, Kaseemabad District Gazipur.
It would serve no purpose to keep the writ pending. Therefore, the writ petition is disposed of with a direction to the Assistant Collector, Kaseemabad, District Gazipur to decide the aforesaid Case No.20151429022644 within a period of six months from the date a certified copy of this order is produced before him. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, 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 :- 27.7.2018 IB