Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3500 of 2018 Petitioner :- Dwarika Gupta Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 and 3 to remove the alleged encroachments made by respondent nos. 5 to 11 over plot no. 1242, which is recorded as barren (Banjar) in the revenue records.
Standing Counsel states that counter affidavit sworn by Naib Tehsildar, Tehsil- Kasya, District- Kushinagar was filed by him in the office of the Court on 22.05.2018. The said affidavit is not on record. However, Standing Counsel has handed over an office copy of the said counter affidavit, which is taken on record.
It has been stated in the aforesaid affidavit that case nos. T- 2017054465044594 T-2017054465044592, T2017054465044591 T-
2017054465044593 T-2017054465044595 and T201805440401944 under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been instituted in the court of Tehsildar, Tehsil- Kasya, District- Kushinagar against the persons who were found in illegal occupation over the plot no. 1242 It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector, Tehsil- Kasya, District Kushinagar shall decide case nos. T201803050100935, T201803050100936 and T201803050100937 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector, Tehsil- Kasya, District Kushinagar 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 :- 27.7.2018 Sattyarth