Court No. - 42
Case :- WRIT - C No. - 20270 of 2021 Petitioner :- Devendra Pratap Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with a prayer to direct the respondent no. 2, The Tehsildar/ Assistant Collector (1st Class), Hata, Kushinagar to decide the case bearing No. T202005440205365 (Gaon Sabha Vs. Ranjeet) under Section 67 of U.P. Revenue Code, 2006, within stipulated period.
Earlier the petitioner has approached this Court by way of filing Public Interest Litigation (PIL) No. 1578 of 2019 (Devendra Yadav vs. State of U.P. And 7 Others), which was disposed of vide order dated 8.8.2019, the said order is quoted as under:-
"Heard learned counsel for the petitioner, Sri Tariq Maqbool Khan for Gaon Sabha and the learned Standing Counsel.
The petitioner, invoking the jurisdiction of the Court in public interest, seeks the removal of an alleged encroachment made on public utility land, comprising of Arazi No. 259 Area 0.194 hectare situate in village Dhadha Bujurg, Tappa Singhpur, Pargana Silhat, Tehsil Hata, Nagar Palika Parishad Hata, District Kushinagar which is recorded as Khalihan.
Since a statutory remedy is available under Section 67 of the U.P. Revenue Code, 2006, the Court is not inclined to entertain the petition. It is clarified that the Court has not expressed any opinion on the merits of the grievance. However, since a statutory remedy is available, the petitioner is permitted to file a comprehensive representation to the Assistant Collector who shall, upon verification of facts, initiate a proceeding under Section 67 of the Code, if the facts and circumstances of the case so justify. In the event, such proceeding is initiated, an expeditious decision shall be taken thereon.
It is, however, clarified that all facts shall be subject to due verification and any proceeding that may be adopted will be with due notice to all the affected parties.
With these observations, the petition is disposed of. There shall be no order as to costs. "
Submission of learned counsel for the petitioner is that the proceedings were initiated on 21.12.2020 but thereafter nothing has been done. It is further submitted that although petition was disposed of by above quoted order dated 8.8.2019 but no time frame was given, apparently, for this reason, the authorities concerned are not considering the same.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
In case the allegations of the petitioner are found to be true 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.
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.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 19.8.2021 Aditya