Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4014 of 2018 Petitioner :- Jitendra Kumar Chauhan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Namit Kumar Sharma,Gunjan Sharma Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Counsel for the petitioner is permitted to implead the Gaon Sabh as respondent no.8 during the course of the day.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent nos. 2, 3 & 4 to remove the alleged encroachments made by respondent nos.5, 6 & 7 over plot no.653 (Sa) which the petitioner alleges to be Gaon Sabha property.
From the records annexed with the writ petition, it appears that proceedings under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 had been instituted against respondent nos.5 to 7 and Case No. T 2016142960111575 had been registered against the aforesaid respondents.
From a perusal of the document annexed as (Annexure-2 to the writ petition), it appears that in certain proceedings, Revenue Inspector, Kasimabad, District Ghazipur had submitted a report stating that proceedings under section 67(1) of the Code, 2006 had been concluded and action had been taken against the respondent nos.5 to 7. However, it has been stated in the writ petition that the encroachments made by respondent nos. 5 to 7 over the Gaon Sabha plots still exist.
Standing counsel is directed to seek instructions regarding the matter.
Put up as fresh on 9th of August 2018.
Order Date :- 27.7.2018 IB