Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1687 of 2021 Petitioner :- Jitendra Kumar Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinay Kumar Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Dinesh Pathak,J.
Copy of instructions filed by learned Standing Counsel is taken on record.
At the very out set, learned counsel for the petitioner has prayed to implement the Tehsildar concerned as respondent no. 7 in the array of the parties of the present writ petition.
Learned counsel for the Gaon Sabha and learned Standing Counsel have no objection to the aforesaid prayer made by learned counsel for the petitioner, who is permitted to implead the Tehsildar concerned in the cause title of the present writ petition as respondent no. 7 Heard Sri V. K. Singh, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no. 6, learned Standing Counsel representing respondent nos. 1 to 3 and perused the record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus directing the respondents to remove the illegal encroachment over arazi no. 745Ka area 0.0280 hectare recorded as Pokhari (Pond) and arazi no. 746 ka area 0.0080 hectare recorded as Navin Parti in the revenue record encroached by respondent nos. 4 and 5 It is submitted that public utility land i.e. arazi no. 745 ka area 0.0280 hectare and arazi no. 746 ka area 0.0080 hectare is recorded as Pond and Navin Parti in the revenue record. Extract of Khatauni 1424-1429 fasli is filed as annexure no.1. Respondent Nos. 4 and 5 have illegally encroached upon the land in question, without any legal right and title, otherwise than in accordance with the law, which is causing inconvenience to the public in large. It is further submitted that petitioner has filed representation dated 7.9.2021 (annexure no.4) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent Nos.4 and 5 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 7.9.2021 (annexure no.4), having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent Nos. 4 and 5 over the plot in question, to either initiate a proceeding under the relevant provisions of U.P. Revenue Code, 2006 or reject the application filed by the petitioner. It is thus urged that not taking any action against the encroachment over the public property amounts omission from legal obligation entrusted upon the officer concerned under the law Learned Standing Counsel, on the basis of instructions, submits that report had already been submitted against the unauthorized occupants for initiating legal proceedings for their eviction from the land in question.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition along with copy of this order before Tehsildar, Tehsil Maharajganj, District Maharajganj (newly added respondent No.7), who shall take action and initiate legal proceeding under the relevant provisions of U.P. Revenue Code, 2006 read with U.P. Revenue Code Rules, 2016 and conclude the same in accordance with law expeditiously, preferably, within a period of four months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 Ravi Prakash