Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1414 of 2020 Petitioner :- Durga Prasad Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Uma Shankar Singh Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Vivek Agarwal,J.
Heard Sri Uma Shankar Singh, learned counsel for the petitioners and the learned standing counsel for the State.
The contention of the learned counsel for the petitioner is that though Commissioner, Azamgarh had passed an order on 11.6.2020 directing the Sub Divisional Officer, Azamgarh to remove the encroachment over the Pokhari situated on Gata No. 536/200, but no action has been taken by the Revenue Authorities. On 8.12.2020 time was granted to the learned counsel for the State / Gram Sabha to seek instructions, but no instructions have been obtained till date.
However, instead of keeping this petition pending for want of instruction, it will be appropriate to direct the respondent no. 3 to take into consideration the orders of the superior revenue authorities, namely Commissioner, Azamgarh Division, Azamgarh dated 11.6.2020 and if already not acted then to act upon within 30 days from the date of receipt of computer generated copy of the order being passed today and furnish the report of compliance in the registry.
It is made clear that SDO shall ascertain the factum of encroachment, if necessary, afford and opportunity of hearing to the potentially aggrieved persons and then take up the action on its own merit.
With the aforesaid observations, this petition is disposed of.
Order Date :- 8.1.2021 Arif