Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 65 of 2019 Petitioner :- Ghanshyam Singh Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondents no. 2 to 5 to remove the illegal encroachment of respondent no. 6 to 15 from Arazi no. 79 area 0.0610 Hectare main road and Arazi no. 15 area 0.3400 Hectare Chhawar/Kachchi Road situated in Village Barawa Khurd (Shahjahanpur) Tehsil Hata, district Kushinagar within a stipulated period.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 2, the District Magistrate, Kushinagar to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 21.1.2019 p.s.