Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5143 of 2018 Petitioner :- Gullu Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Sunil Pratap Singh,Shashi Kant Dwivedi Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri RC Upadhyay, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondent authorities to remove the encroachment of the private respondents over the pathway situated in Village Kaithauli, Tehsil Nizamabad, District Azamgarh and recorded in the name of Gram Sabha.
Drawing attention to pages 22 and 24, submission of learned counsel for the petitioner is that initially encroachment was removed in the year 1992, however the same has again been encroached upon.
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-District Magistrate, Azamgarh 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 :- 19.12.2018 Abhishek