Court No. - 9
Case :- WRIT - C No. - 25359 of 2019 Petitioner :- Gram Panchayat Uskakhurd Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Dharam Deo Chauhan Counsel for Respondent :- C.S.C.,Furquan Ahmad (Alvi)
Hon'ble Prakash Padia,J.
Heard Sri Dharam Deo Chauhan, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent nos. 1 to 4 and Sri F. Ahmad Alvi for the respondent no.5.
Petitioner has preferred the present writ petition with the prayer to direct the respondents no.1 to 4 to remove encroachment by their joint cooperation over gata No.130 recorded as Pond (Taal ) situated at Village- Uskakhurd, Tappa- Dakhhin Haveli, Pargana-Magharpurva, Tehsil-Khalilabad, District-Sant Kabir Nagar by considering the complaint dated 04.06.2019 within short stipulated period by taking strict action under law against respondent no.5 to 9.
It is contended by the learned Standing Counsel that for the removal of the illegal possession proceedings were already initiated as provided under section 67(1) of the U.P. Revenue Code, 2006.
Heard learned counsel for the parties and perused the record.
From perusal of the records as stated, it transpires that the petitioner has preferred the present writ petition for a direction for removal of illegal encroachment over the pond situated at gata No.130 recorded as Pond (Taal ) situated at Village- Uskakhurd, Tappa-Dakhhin Haveli, Pargana-Magharpurva, Tehsil-Khalilabad, District-Sant Kabir Nagar. Proceedings have already been initiated for the removal of illegal encroachment by filing a case against the aforesaid respondents under section 67(1) of the U.P. Revenue Code, 2006.
Learned counsel for the petitioner relied upon judgement of the Supreme Court in the case of Hinch Lal Tiwari Vs. Kamala Devi and others reported in 2001
(6) SCC 496.
In the facts and circumstances of the case, the present writ petition is finally disposed of directing the Tehsildar concerned to decide the aforesaid proceedings expeditiously and preferably within a period of six months from the date of production of certified copy of this order before him.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 26.8.2019 Pramod Tripathi