Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 393 of 2019 Petitioner :- Hari Mohan Yadav Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Ashish Kumar Mishra,Sanjay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and Sri Ram Babu Yadav, learned counsel for the Gaon Sabha and have perused the record.
Present PIL has been filed with a prayer to direct to respondent no. 4 to remove the encroachment of private respondents no. 6 to 14 over bricks path from house of Ram Rakksha Patel to Sarkari Bari constructed by concerned gram sabha over gata/khasra no. 334 admeasuring 0.4430 hectare situated at village Lakhanpur Kantit, Tehsil Sadar District Mirzapur.
Khatauni of the land in question has been annexed with this petition.
Learned counsel for the respondents has pointed out that the land is a banjar land and kharanja has not been recorded in the revenue record as per the petition, however, perusal of the photographs annexed with this petition clearly indicates that there appears to be some kharanja in existence, which according to the petitioner is being encroached upon by the respondents herein.
Learned Standing Counsel appearing for the respondents states that the grievance of the petitioner can be suitably looked into by the respondent no. 2-District Magistrate, Mirzapur and he may pass necessary orders, if so required, in accordance with law.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with a direction to the respondent no. 2-District Magistrate, Mirzapur to consider the representation of the petitioner on its own merit, preferably within a period of two months from the date of production of certified copy of this order and in case District Magistrate finds any substance in the claim/grievance of the petitioner, he shall issue pass necessary orders to the authority concerned for initiation of proceedings in accordance with law against the encroachers.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 22.2.2019 Abhishek