Court No. - 9
Case :- WRIT - C No. - 24817 of 2019 Petitioner :- Harishanker Patel Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Vinod Kumar Rakesh Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Prakash Padia,J.
Heard Sri Vinod Kumar Rakesh, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent nos. 1 and 2 and Sri Dharam Deo Chauhan, learned counsel on behalf of respondent no. 3.
Petitioner has preferred the present writ petition with the prayer to direct the revenue authorities to remove the illegal encroachment of respondent no. 4 Sajan Lal son of Late Lalaku Dhawan.
When the matter was taken up on 30.07.2019, the following order was passed:-
"Petitioner complains of unauthorized occupation by respondent no.4 upon the land recorded as pond.
Learned Standing counsel is directed to obtain instructions in the matter by the next date fixed, failing which, respondent no.4 shall appear in person.
Put up as fresh on 22.08.2019."
It is contended by the learned Standing Counsel on the basis of the instructions that for the removal of the illegal possession of Sajan Lal proceedings were initiated as provided under section 67(1) of the U.P. Revenue Code, 2006. It is further contended that a case being Case No. T 201917650203348 has already been filed in this regard in which after issuance of notices the next date fixed for hearing is 27.08.2019.
Heard learned counsel for the parties and perused the record.
From perusal of the records as stated, it transpires that the petitioner preferred the present writ petition with a direction for removal of illegal encroachment over the pond situated at Gata No. 149, situated at village Musarad, Tehsil Khalilabad, District Sant Kabir Nagar. Proceedings have already been initiated for the removal of illegal encroachment by filing a case against the aforesaid respondents under section 67(1) of the U.P. Revenue Code, 2006.
In the facts and circumstances of the case, the present writ petition is finally disposed of directing the Tehsildar concerned to decide the aforesaid proceedings expeditiously and preferably within a period of three months from today.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 26.8.2019 Swati