Court No. - 59
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4632 of 2018 Petitioner :- Israil Bharti And Another Respondent :- State Of U P And 13 Others Counsel for Petitioner :- Sheo Ram Singh,Sandeep Kumar Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State.
With the consent of the learned counsel for the parties, the writ petition is being disposed of.
The allegation of the petitioners is that the respondent nos.5 to 14 have illegally encroached the public utility land being Plot Nos.205, 213, 389, 411 and 456 situated at Village Pradhan Badka, Tehsil Badaut, District Baghpat.
Learned counsel for the petitioners has placed reliance on the Khatauni, a copy of which is enclosed as Annexure -1 to the writ petition.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, 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, on receiving the aforesaid representation 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 three months from the date when the aforesaid representation is filed by the petitioner.
In case, the allegations of the petitioners 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 made clear 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 :- 26.10.2018 A.Kr.*