Court No. - 39
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2127 of 2019 Petitioner :- Jayant Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamlesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashwani Kumar Mishra,J.
Grievance of the petitioner is that plots no. 256, 257, 301 and 260 etc. are recorded as public utility land and have been encroached upon by respondent no.5. Submission is that various complaints raised are not being examined.
Learned Standing Counsel as well as Sri R.C. Upadhyay, learned counsel appearing for respondent No. 6 states that an appropriate decision would be taken by competent authority.
Under Section 67 of the U.P. Revenue Code, 2006 grievances relating to encroachment over Gaon Sabha land has to be investigated and a procedure has been provided for removal of the encroachment. It would, therefore, be appropriate to direct the 3rd respondent to get the facts investigated and to proceed further in accordance with law, after affording an opportunity of hearing to the person concerned. Such proceeding would be concluded within a period of four months from the date of presentation of a certified copy of this order.
Order Date :- 28.11.2019 Abhishek Singh