Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4394 of 2018 Petitioner :- Gomal Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Nitya Prakash Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent - revenue authorities to remove the alleged encroachments existing over Plot No. 194.
The revenue records annexed with the writ petition show that the said plot has been recorded as Class 4-A in the khatauni relating to the aforesaid plot. In the aforesaid view of the matter, no writ on the basis of the averments made by the petitioner can be issued. However, it has been stated that the plot has not been allotted on lease to any person.
It would serve no purpose to keep the writ petition pending. The petitioner may submit a representation before the District Magistrate, District Kushi Nagar i.e. respondent no. 2 who, after verifying the nature of the land and whether it was occupied by any person after allotment, shall decide the representation submitted by the petitioner within a period of three months from the date of filing of the said application. In case, it is found that the said plot has not been allotted to any person and is being illegally occupied by certain persons, the District Magistrate, District Kushi Nagar i.e. respondent no. 2 shall ensure that appropriate action in accordance with law is taken to remove the aforesaid illegal occupation within a further period of six months.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 18.9.2018 Satyam