Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1317 of 2021 Petitioner :- Jitendra Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Deepak Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Dinesh Pathak,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the petitioner, Si Pankaj Kumar Gupta, learned counsel for the Gaon Sabha/respondent no.5 and learned Standing Counsel who representing respondent nos.1 to 4 and perused the record.
Instant writ petition has been filed by petitioner to remove illegal encroachment made by some of the villagers over the property in question, which is public utility land.
Learned counsel for the petitioner submits that with respect to the land in question proceeding under section 67 of the Revenue Code, 2006 has already been initiated against the persons, who have illegally encroached the property in question, which was allowed vide order dated 24.12.2019 (Annexure No.3). It is further submitted that in pursuance of the order dated 24.12.2019 no fruitful steps have been taken to remove the illegal encroachment of the person concerned, who have illegally encroached upon the property in question. He further submits that petitioner has already move representation dated 30.06.2021 to the authority concerned, but till date no steps has been taken by the authority concerned.
It is submitted that public utility land i.e. Gata No.371min/0.060, Rasta 404min/0.010, situated Vikash Khand Nathnagar, District Sant Kabir Nagar, is recorded as Nai Parti in the revenue record. Respondent Nos.6 to 9 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 30.06.2021(annexure no.4) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent No.6 to 9 over the plot in question as mentioned above.
Grievance of the petitioner is that despite the representation dated 30.06.2021 having been submitted, till date no effective measures have been taken by the authorities concerned to remove the illegal encroachment made by respondent No.6 to 9 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 submitted that he has no objection in case the authority concerned are directed to remove the illegal encroachment in pursuance of the order dated 24.12.2019, passed by the Tehsildar, Sant Kabir Nagar, in the proceeding under section 67 of the U.P. Revenue Code, 2006.
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 fresh representation, within period of three weeks from today, quo his grievances as mentioned in the present writ petition alongwith copy of this order as well as copy of order dated 24.12.2019, passed by Tehsildar, Sant Kabir Nagar, before Sub Divisional Magistrate Dhanghata, District Sant Kabir Nagar (respondent No.3), 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 in pursuance of order dated 24.12.2019 passed by Tehsildar and conclude the same in accordance with law expeditiously, preferably, within the period of three months from the date in receipt of the aforesaid representation.
The petitioner shall file computer generated copy of such 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 :- 24.8.2021 VKG