Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 611 of 2021 Petitioner :- Birendra Pratap Tiwari Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, learned Standing Counsel representing the respondent nos.1 to 3 and perused the record.
In pursuance of order dated 02.07.2021 passed by this Court, learned Standing Counsel has filed the instructions sent by the authorities concerned, which is taken on the record.
Present writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) for removal of illegal encroachment made by private respondent nos.5 to 8 over Plot No.158, area 0.032 hectares, situated in Village- Atra, Post-Teji Bazar, Pargana-Rari, Tehsil-Badlapur, District-Jaunpur.
Learned Standing Counsel, on the basis of instruction dated 24.07.2021, submits that a proceeding under Section 67 of the U.P. Revenue Code, 2006 has been initiated against the erring persons who have illegally encroached the property in question.
In the light of aforesaid submission made by learned Standing Counsel, I am of the view that no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present writ petition filed in the nature of Public Interest Litigation (PIL), without making any observation on the merits of the case, as mentioned in the writ petition, with a direction to the concerned authority, before whom the aforesaid case, as mentioned by the learned Standing Counsel, is pending, to decide the same within the stipulated period as provided under Rule 67 (6) of the U.P. Revenue Code Rules, 2016.
The petitioner shall file a computer generated copy of this order downloaded from the official website of High Court, Allahabad, supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 27.7.2021 Manish Himwan