Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3762 of 2018 Petitioner :- Jitendra Yadav Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Devendra Kumar Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 to 5 to remove the alleged encroachments made by certain villagers over plot no. 212, which the petitioner alleges to be a Gaon Sabha property.
Standing Counsel states that counter affidavit sworn by Tehsildar-Sadar, District- Azamgarh was filed by him in the office of the Court on 25.07.2018. The said counter affidavit is not on record. However, Standing Counsel has handed over an office copy of the said counter affidavit and the same is taken on record.
It has been stated in the said counter affidavit that case nos.T201815060104695 and T201815060104696, under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been instituted in the court of Tehsildar-Sadar, District- Azamgarh against the persons, who are in illegal encroachment over plot no. 212.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector, Sadar, District- Azamgarh shall decide case nos.T201815060104695 and T201815060104696 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector, Sadar, District- Azamgarh shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.7.2018 Sattyarth