Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3997 of 2018 Petitioner :- Krishna Nand Tiwari Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Mohan Upadhyay Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the District Magistrate, Chandauli/Collector, Chandauli and the Tehsildar, Chakia District Chandauli to remove the encroachments allegedly made by respondent no.5 over Gaon Sabha land. It transpires from the record that regarding the demolition of encroachments allegedly made by respondent No.5, Case No. T-201814180200682 under Section 67(1) of the Uttar Pradesh Revenue Code, 2006 has already been registered in the Court of Tehsildar, Chakia District Chandauli, i.e., respondent No.3.
Considering the fact that proceedings for removal of encroachments have already been instituted under Section 67(1) of the Uttar Pradesh Land Revenue Code, 2006, the Assistant Collector/Tehsildar, Chakia District Chandauli, i.e., respondent No. 3 is directed to decide the aforesaid case and pass appropriate orders within a period of six months from the date a certified copy of this order is produced before him.
In case the respondent no.5 is found to be in occupation of Gaon Sabha land unauthorizedly and illegally, he shall be evicted from the aforesaid plot within a period of one month from the date of passing the orders in the aforesaid proceedings unless the said orders are 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 :- 25.7.2018 IB