Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4609 of 2018 Petitioner :- Kripa Shankar (Pradhan) Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Pursuant to the orders dated 20.10.2018 and 22.11.2018 learned Standing Counsel has produced a copy of the instruction dated 22.11.2018, the same is taken on record.
Present petition has been filed seeking direction to the respondents to take necessary steps against the respondent no. 5 removing his illegal possession over Plot No. 266/2.30 hectare.
Learned Standing Counsel has also placed a copy of the order dated 29.8.2018 passed in Public Interest Litigation No. 4250 of 2018 (Manraj vs. State of U.P. and others) to indicate that regarding the same Plot No. 266M the petition was disposed of, which is quoted as under:-
"The petitioner has approached this Court praying for a writ of mandamus directing respondent authorities to remove the alleged encroachments over Plot No. 266M, which the petitioner alleges to be Gaon Sabha property. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Assistant Collector, even though under Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to enquire into matters relating to encroachments over Gaon Sabha property and pass appropriate orders for removal of the said encroachments.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha property 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 also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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."
Learned counsel for the petitioner could not dispute the fact that aforesaid order would also cover the grievance raised in the present petition.
Accordingly, present petition stands disposed of with an observation that in view of the above quoted order no further orders are required to be passed in this petition.
Order Date :- 30.11.2018 Lalit Shukla