Court No. - 18
Case :- WRIT - C No. - 19921 of 2018 Petitioner :- Harish Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Abhay Raj Yadav Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel for State respondents. Shri Amresh Singh has accepted notice on behalf of Gaon Sabha.
In view of the order proposed to be passed, notices need not go to private respondent.
The petitioner is before this Court assailing the validity of notice dated 7.4.2018 issued by third respondent in proceeding under Section 67 (2) and 67 (5) of the U.P. Revenue Code, 2006 (in short "Code") registered as Case No.T201812130101764 of 2018 (Gaon Sabha v. Harish Kumar) and for a direction to the respondents not to evict the petitioner from the plot in question.
At the very outset, Shri Sanjay Kumar Singh, learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition on two grounds firstly that the petitioner has approached this Court against the notice, which has been issued in response to the order dated 23.1.2018 passed in Public Interest Litigation (PIL) No.2765 of 2018 (Purshottam Das v. State of U.P.) and no final order has been passed, and secondly on the ground that even if the aforesaid proceeding is finalised, the petitioner has got efficacious alternative remedy to file appeal under Section 67 (5) of the Code, and as such the writ petition is liable to be dismissed on both the grounds.
Confronted with this, learned counsel for the petitioner states that the private respondent, who has filed the aforesaid public interest litigation has concealed the material fact specially the report so submitted by the Tehsildar dated 17.7.2017 and on the basis of said report it is contended that at no point of time the petitioner has encroached upon the pond land.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner files fresh objection to the impugned notice within week's time, the said objection would be considered by the authority concerned while finalising the aforesaid proceeding in further three weeks. For a period of four weeks or till the disposal of aforesaid proceeding, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 29.5.2018 A. Pandey