Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2953 of 2018 Petitioner :- Brijesh Kumar Pathak Respondent :- State Of U.P. Through Its Principle Secretary And Ors Counsel for Petitioner :- Dharmendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Learned counsel for the petitioner is permitted to implead the Tehsildar concerned in the array of parties as Respondent No. 4 during the course of the day.
Heard Sri Dharmendra Kumar Singh, learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha, the respondent no. 5 and learned standing counsel for the respondent nos. 1 to 3.
Petitioner in the writ petition is seeking a direction to the respondents to remove the illegal encroachment from Arazi No. 425, area 0.101 hectares situated at Village Parsath, Tehsil Mariyahun, District Jaunpur which is recorded as pit in the revenue record. Extract of revenue record has been annexed as Annexure-1 to the writ petition. Since the land is shown as water body, the same be restored as water body.
No useful purpose would be served in keeping the petition pending.
This writ petition is, therefore, disposed of with a direction to the Respondent No. 4, Tehsildar, Tehsil Mariyahun, District Jaunpur to enquire into the matter and pass appropriate order in accordance with law within a period of two months from the date of receipt of a certified copy of this order.
It is made clear that this Court has not adjudicated the claim of the petitioner on the merits of the case.
Order Date :- 22.2.2018 S.K.