Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 396 of 2019 Petitioner :- Kapoor Chand Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devendra Kumar Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri R.C. Upadhyay, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondent to take appropriate action with regard to evicting the encroachment made by the respondent no. 5 and 6 over gata no. 367 area 0.480 hectare which is public utility land (road/abadi in nature) in the revenue record and respondent no. 5 and 6 be restrained to raise construction over the gata no.
367 area 0.480 hectare situated in Jamalpur Mirjapur Post Jamalpur Mirjapur District Mau.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 3-Sub Divisional Magistrate Ghosi, District Mauto look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 22.2.2019 Abhishek