Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3394 of 2018 Petitioner :- Chhanggu Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mohd. Monis Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Salil Kumar Rai,J.
1. It has been stated by the learned Standing Counsel that a counter affidavit sworn by Tehsildar, Tehsil Khaga, District-Fatehpur was filed in the office of this Court on 18.7.2018. The said counter affidavit is not on record. However, learned Standing Counsel has handed over the office copy of the aforesaid counter affidavit for perusal of the Court, which is taken on record.
2. The present writ petition has been filed praying for a writ of mandamus commanding the revenue authorities, i.e., respondent Nos. 2, 3, 4, 7 and 8 to remove the alleged encroachments made by respondent Nos. 5 and 6 over Plot Nos. 259 and 288, which the petitioner alleges to be Gaon Sabha property.
3. It transpires from the aforesaid counter affidavit that after due enquiry, certain villagers were found to be in illegal occupation of Plot Nos. 259 and 288, and therefore, Case Nos. T-201802250302191, T-201802250302192, T-201802250302193, T-201802250302189, T-201802250302187, T- 201802250302186, T-201802250302190 and T-201802250302188 under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 have been instituted against the persons who were found in illegal occupation of the aforesaid plots.
4. It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall decide case Nos. T-201802250302191, T-201802250302192, T-201802250302193, T- 201802250302189, T-201802250302187, T-201802250302186, T-
201802250302190 and T-201802250302188 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
5. It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
6. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 31.7.2018 Anurag/-