Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5188 of 2018 Petitioner :- Dudhnath Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Anil Kumar,Rohit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and Sri Birendra Pratap Singh, learned Standing Counsel for the respondents- State.
With the consent of learned counsel for the respective parties, the writ petition is disposed of.
The contention of learned counsel for the petitioners is that the respondent nos.5 to 7 have illegally encroached the public utility land being Arazi No. 345 (New Gata No.560) Rakba 0.051 hectare which is recorded as Pokhari, Chak Marg in the revenue record situated at Village & post Devkali Devlas, Tehsil Muhammadabad Gohna, District Mau.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.4, Tehsildar, Tehsil Muhammadabad Gohna, District Mau to proceed in the matter and to find out as to whether the aforesaid plots are meant for the purpose of Gaon Sabha and are illegally used by respondent nos 5 to 7. In case, the Tehsildar arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*