Court No. - 59
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4638 of 2018 Petitioner :- Junaid Ahmad Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Anurag Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Sri M.S. Haq, Advocate has filed his Vakalatnama on behalf of respondent no.5, the same be taken on record.
Heard learned counsel for the petitioner, Sri Tariq Maqbool Khan, learned counsel for the Gaon Sabha and learned Standing Counsel for the respondent-State.
The allegation of the petitioner is that on the disputed property, which belongs to the Gaon Sabha pertains to Kabristan and Banjar land, the respondent no.5 to 7 are illegally raising the constructions and are making the encroachment.
Per contra, Sri M.S. Haq, learned counsel, who put his appearance on behalf of respondent no.5 has submitted that in this regard, the petitioner already filed a suit being Suit no.1073 of 2018 (Junaid Ahmad vs. Parvej Akhtar and others) and in the said proceeding, the court has considered the report of Amin, who has inspected the disputed site.
Since the matter is sub-judice before the court below, this Court deems it appropriate to dispose of the writ petition by directing the Court below to proceed in the matter and finalise the same, expeditiously, if possible, within a period of 30 days from the date the certified copy of this order is produced.
The writ petition is disposed of.
Order Date :- 26.10.2018 A.Kr.*