Court No. - 30
Case :- WRIT - C No. - 35868 of 2018 Petitioner :- Dhananjay Prasad Ojha Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shiv Shankar Tiwari,Baijant Kumar Mishra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents no. 1 to 5 and perused the record. Sri Diwakar Singh, learned Standing Counsel has accepted notice on behalf of respondent no.6, Gaon Sabha.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer that respondent no.3, Sub- Divisional Magistrate, Tehsil Koraon, District- Allahabad be directed to evict and dispossess the illegal drainage (Nali)/encroachment made by the respondent no.7 on the public utility road, pertaining to Village- Nathaupur Sikaro, Pargana- Khairagarh, Tehsil- Koraon, District- Allahabad.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation 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 when the aforesaid representation is filed by the petitioner. 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 :- 30.10.2018 SKG