Court No. - 5
Case :- WRIT - C No. - 1262 of 2019 Petitioner :- Dukhi Kushwaha Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Varun Kumar Chaubey,Rakesh Kumar Upadhyay Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel, who represents the respondent nos.1, 2 and 3 and Sri Tariq Maqbool Khan, learned counsel representing the respondent no.4.
With the consent of learned counsel for the respective parties, the writ petition is disposed of at admission stage.
The claim of the petitioner is that even after the order dated 13.12.2018 passed under Section 67 of U.P. Revenue Code, 2006 for removing the encroachment, the respondent nos.5 to 7 are still illegally occupying the property in question being Araji No.1396 measurement 0.008 hectare situated at Village Vishunpura, Bariya Patti, Tappa Prithvipur, Pargana Si. Jo, Tahsil Tamkuhiraj, District Kushinagar.
In this regard, the petitioner has approached the Sub-Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar by means of representation dated 28.12.2018 but no action is taken by the respondent nos.2 and 3.
In view of the aforesaid, the writ petition is disposed of by directing the respondent nos.2 and 3 to proceed in the matter and to take appropriate action in accordance with law after providing opportunity to the respective parties within a period of one months from the date of production of certified copy of this order.
Order Date :- 22.1.2019 A.Kr.*