Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1253 of 2019 Petitioner :- Girdhari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lakshmi Shanker Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1, 2 and 3.
With the consent of the learned counsel for the parties, the writ petition is disposed of.
The allegation of the petitioner is that the respondent nos.4 and 5 have illegally encroached the public utility land being Gata No.1469 area 0.0490 hectare situated at Village Barki, Pargana Kaswar Raja, Tesil Raja Talab, District Varanasi which is recorded as 'pond' 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 pond 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 pond, 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 pond 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 :- 29.5.2019 A.Kr.*