Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1275 of 2019 Petitioner :- Dina Nath Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Ajit Kumar,J.
By means of the present petition, the petitioner has prayed for following relief:
(i) issue a writ, order of direction in the nature of mandamus commanding the respondent nos. 2 & 3 to take legal action as provided under Section 26 and 67(1) of U.P. Revenue Code, 2006 and remove the illegal encroachment made by the private respondents as Safety Tank including Volb of Latrine constructed between the way by them within stipulated period, in accordance with law.
It transpires from the record that the earlier some report was called for on 22.01.2019 but nothing has been done in the matter till date.
In such circumstances, the writ petition is disposed of with a direction that in case if there is any encroachment on the public land, the Sub-Divisional Magistrate concerned shall proceed in accordance with law and shall take decision after putting to notice such unauthorized persons as per the procedure prescribed as early as possible, preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid observations and directions, the petition is consigned to record.
Order Date :- 30.5.2019 IrfanUddin