Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3987 of 2018 Petitioner :- Gyan Singh Respondent :- The District Magistrate/Collector,Aligarh And 5 Others Counsel for Petitioner :- Arun Kumar Misra Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Salil Kumar Rai,J.
The Vakalatnama of Sri A.K. Tripathi, Advocate filed on behalf of respondent nos. 5 and 6 is taken on record.
Heard Sri Arun Kumar Misra, counsel for the petitioner, Sri A.K. Tripathi, Advocate representing respondent nos. 5 and 6, Sri Manu Singh, Advocate representing respondent no. 4 as well as Standing Counsel who represents respondent nos. 1 to 3.
The petitioner has approached this Court praying for a writ of mandamus commanding the respondent nos. 2 and 3 i.e. Sub-Divisional Magistrate, Tehsil Gabhana, District Aligarh and Assistant Collector/Tehsildar, Tehsil Gabhana, District Aligarh to remove the illegal encroachments made by respondent nos. 5 and 6 over Plot No. 356, which the petitioner alleges to be Gaon Sabha property. In this respect, the petitioner has already filed an application dated 22.5.2018 before the Assistant Collector i.e. respondent no. 3. However, it has been stated in the writ petition that no action has yet been taken by the Assistant Collector on the aforesaid application dated 22.5.2018 submitted by the petitioner.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, the Assistant Collector 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 six months. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land 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 clarified 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 :- 25.7.2018 Satyam