Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1065 of 2019 Petitioner :- Jibrail Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Upendra Kumar Mishra Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble Ajit Kumar,J.
In compliance of the earlier order of this Court learned Standing Counsel has obtained instructions and has placed the same before this Court, which are taken on record.
Sri Rajesh Kumar Singh, Advocate has put in appearance on behalf of the respondent Nos. 6 to 11 by filing vakalatnama, which is taken on record.
By means of the present writ petition the petitioner has prayed for following reliefs:-
"(i). A writ, order or direction in the nature of mandamus directing the respondent authorities to direct the respondents to remove the encroachment from the land of Public land/ Banjar i.e. Arazi No. 95 Area about 0.5870 Hect. situated at village Singhpur, Tappa Singhpur, Pargana Silhat, Tehsil Hata, District- Kushinagar as early as possible within a period as stipulated by this Hon'ble Court.
(ii). A writ, order or direction in the nature of mandamus directing the respondent authorities to authorities concerned to restore the original position of Pulblic land, in the interest of the villagers concerned."
In the instructions placed before this Court there is a report of Sub-Divisional Magistrate dated 30th May, 2019 that the proceedings against unauthorized encroachers have been instituted under Section 67(1) of the U.P. Revenue Code, 2006.
In view of the above, no more any cause of action survives to maintain the present writ petition.
However, the proceedings as have been instituted against the persons who are alleged to have encroached upon the public land, shall be concluded as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order. The writ petition, accordingly, stands disposed of.
Order Date :- 31.5.2019 Atmesh