Court No. - 30
Case :- WRIT - C No. - 38339 of 2018 Petitioner :- Bittan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the respondents no. 1 to 4 and Sri D.D. Chauhan, learned counsel appearing for the respondent no. 6.
Present writ petition has been filed seeking a direction to the respondent no. 2 to remove the encroachment made by respondents no. 4 and 5 on Chak Marg no. 429 measuring areaa 0.0620 Hectare recorded in revenue record situated in Village Dhaurahara, Pargana Kewai, Tehsil Handia, district Allahabad. A further prayer to direct the respondent no. 2 to decide the representation dated 10.10.2018 filed by the petitioner within a stipulated period has also been made.
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. 2, the Sub-Divisional Magistrate, Tahsil Handia, district Allahabad to decide the representation 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 :- 28.11.2018 p.s.