Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5150 of 2018 Petitioner :- Bismillah Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Geeta Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Sri Om Prakash Singh, learned counsel for the petitioner as well as Sri Harish Chandra Dubey, learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondent authorities specially respondent no. 3 to evict the private respondents as well as any other person who encroached path/way situated in plot no. 746 area about 0.0040 hectare and 747 area about 0.0570 hectare situated in Ahirauli Bazar, Baknaha, District Kushi Nagar with immediate effect.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 4-Tehsildar, Tehsil Kasya District Kushi Nagar to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 19.12.2018 Abhishek