Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4674 of 2018
Petitioner :- Deepak Kumar
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Sachchidanand Srivastava
Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 4 and perused the record. Sri DD Chauhan, learned Standing Counsel has accepted notice on behalf of respondent no.5, Gram Panchayat, Belahara, Tehsil Sadar, District Basti.
Present petition has been filed seeking writ of mandamus that respondent no.3 be directed to get removed the unauthorized possession made by respondents no. 6 and 7 over the Araji No. 136 situated at Village Sujiay, Tappa Sikandarpur, Pargana Basti Purab, Tehsil & District Basti in pursuant to eviction orders dated 4.5.2012 and 12.7.2013 passed against the respondents no.6 and 7 respectively.
Attention was drawn to order dated 4.5.2012 passed by the Tehsildar. Attention was also drawn to various documents/reports submitted by the Sub Divisional Magistrate, Sadar observing therein that notice has been given to the persons who have illegally occupied the land, however, submission of learned counsel for the petitioner is that no action has been taken till date.
This court while disposing of the public interest litigation (PIL) No. 59401 of 2017 has directed the Tehsildar, tehsil Tamukhi Raj, District Kushi Nagar to enquire into the matter and to pass appropriate orders keeping in mind the judgement of Supreme Court in the case of Jagpal Singh and others Vs. State of Punjab and others, (2011) 11 SCC page 396 as well as the judgment of the Division Bench of this Court in PIL No. 63380 pf 2012 (Prem Singh Vs. State of UP and others) within period of three months from the date a certified copy of the order dated 13.12.2017 is received in the office of Tehsildar.
In view of the aforesaid the present petition stands disposed of with a direction to respondent no. 2 to pass suitable orders to carry out and take action pursuant to the eviction order dated 4.5.2012 and 12.7.2013 passed by Tehsildar against the respondents no. 6 and 7 regarding which report on several dates has also been submitted on portal. The respondent no.2 is directed to take action preferably within a period of one month from the date of production of certified of this order.
With the aforesaid observation/direction present petition stands disposed of.
Order Date :- 30.10.2018 SKG