Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3993 of 2018 Petitioner :- Krishna Mishra Respondent :- State Of U P And 20 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav,Uma Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr Shivam Yadav, learned counsel for the petitioner and Mr A P Paul, learned counsel for respondent nos.1 to 8.
Having regard to the nature of allegations and the controversy raised in the instant public interest litigation, we are satisfied that this petition can be disposed of even without notice to respondent nos.9 to 21. Hence, we pass the following order:
It is open to the petitioner to make a comprehensive representation to respondent no.2-District Magistrate, Bhadohi and place a copy of the writ petition with annexures on record along with the representation within a period of two weeks from today. It is open to the District Magistrate to issue directions to respondents 7 and 8 (Sub- Divisional Magistrate, Aurai and Sub-Divisional Magistrate, Gyanpur) to conduct a preliminary enquiry and submit their report within twelve weeks. If the District Magistrate, on the basis of the report submitted by the Sub-Divisional Magistrates, finds that the allegations made by the petitioner are true and correct, he may issue notice to respondents 9 to 21 and to the petitioner and, after granting them an opportunity of being heard, pass appropriate orders, within a period of three months thereafter. If ultimately, it is found that respondents 9 to 21 have encroached over the Government land, as alleged, he may take steps for removal of encroachments as also making necessary corrections in the record of rights. It is made clear that this Court has not examined merits of the case.
With these observations, the petition is disposed of.
Order Date :- 30.7.2018 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)