Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3744 of 2018 Petitioner :- Harendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Janardan Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay,Shiva Kant Srivastava
Hon'ble Salil Kumar Rai,J.
Counter affidavit sworn by respondent no.5 i.e. Tehsildar, Tehsil-Sadar, District-Azamgarh is taken on record.
Present writ petition has been filed praying for a writ of mandamus directing respondent authorities i.e. respondent nos.2 and 3 to remove illegal encroachments made over Plot No.250 and 252 situated at village- Sikandarpur Pargana Muhammadabad, Tehsil-Sadar, District-Azamgarh, which the petitioner alleges to be a Gaon Sabha property.
In the counter affidavit filed by respondent no.3 it has been stated that after due inquiry certain villagers were found to be in illegal occupation of aforesaid plots. Consequently, Case Nos.T201815060104753 and T201815060104754 have been instituted against said persons under Section 67 of the Uttar Pradesh Revenue Code, 2006 in the Court of Tehsildar, Tehsil-Sadar, District-Azamgarh.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that concerned Tehsildar/Assistant Collector i.e. respondent no.3 shall decide aforesaid Case Nos.T201815060104753 and T201815060104754 within a period of six months from today. In case, said persons are found to be in illegal occupation of aforesaid plot, the Tehsildar/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 also directed that if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 31.7.2018 Manish Himwan