Court No. - 59
Case :- WRIT - C No. - 35587 of 2018 Petitioner :- Fazal Ahmad Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Nirbhay Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
With the consent of the learned counsel for the parties, the writ petition is being disposed of.
The allegation of the petitioner is that the respondent nos.4, 5 and 6 have illegally encroached the public utility land being Arazi No.281 area 0.1710 hectare and Arazi No.282 area 0.1080 hectare situated at Village Soraon, Pargana and Tehsil Soraon, District Allahabad which is recorded as Khalihan in the revenue record.
Learned counsel for the petitioner has placed reliance on the Khatauni, a copy of which is enclosed as Annexure 1 to the writ petition.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date when the aforesaid representation is filed by the petitioner.
In case, the allegations of the petitioner are found to be true the Assistant Collector 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 made clear 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 :- 26.10.2018 A.Kr.*