Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5190 of 2018 Petitioner :- Jitendra Kumar Pandey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ram Krishna Dubey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Ram Babu Yadav, learned counsel for the respondent no.4 and Sri Birendra Pratap Singh, learned Standing Counsel for the respondent-State.
With the consent of learned counsel for the respective parties, the writ petition is disposed of.
The contention of learned counsel for the petitioner is that the respondent nos.5 to 7 have illegally encroached the public utility land being Gata No. 728, 625, 731, 737, 733, 717, 738, 612, 654, 729, 712, 169, 217, 218, 203, 748, 738, 614, 631, 637, 621, 280, 651, 741, 739, and 257 which are recorded as public pond, Rasta/Public path, Chak road Usar, water covered land, canal and river situated at village Sarroi, Tehsil Bhadohi, District Bhadohi.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.3, Sub-Divisional Magistrate, Tehsil Bhadohi, District Bhadohi to proceed in the matter and to find out as to whether the aforesaid plots are meant for the purpose of Gaon Sabha and are illegally used by respondent nos.5 to 7. In case, the Sub-Divisional Magistrate arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
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.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*