Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2973 of 2018 Petitioner :- Brijesh Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Bipin Lal Srivastava,Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Learned counsel for the petitioner prays for and is permitted to implead the Tehsildar, Tehsil Jakhaniya, District Ghazipur in the array of respondents as respondent no.6 today itself.
Heard Sri Bipin Lal Srivastava, learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no. 1 to 3 and 6.
The petitioner in the writ petition is seeking a direction to the respondents to remove the encroachment of respondent no.5 over Arazi no.44 area 0.3120 hectare situated in Mauja Nijamuddinpur, which is stated to be recorded as pond in the revenue record. A copy of the revenue record has been filed as Annexure-1 to the writ petition, which shows the plot in question to be recorded as pokhari (pond).
Annexure-7 to the writ petition is the report of the Lekhpal dated 28.12.2017 pointing out that the land is pokhari. On the northern side of the land there is a boundary wall of Jai Sat Gurudev Janta Inter College and on the western side one room and toilet has been constructed in respect of which proceedings under Section 67(1) of the U.P. Revenue Code has been initiated.
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.6-Tehsildar, Tehsil Jhakaniya, District Ghazipur to conclude the proceedings under Section 67 (1) of the U.P. Revenue Code in respect of the land in question, in accordance with law, expeditiously, preferably within a period of three months from the date of receipt of a certified copy of this order in his office.
It is made clear that that court has not adjudicated the claim of the petitioner on merit.
Order Date :- 23.2.2018 Kirti