Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1221 of 2021 Petitioner :- Kumar Vinay Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Kumar Abhay Singh,Kumar Vinay Singh Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Piyush Agrawal,J.
This writ petition has been filed alleging encroachment on Khasra No. 622 situated in village Khoiree, Tehsil Madhiyahun, District Jaunpur.
A short counter affidavit has been filed by the State indicating some encroachment on Khasra No. 622. Proceedings under Section 67 of the U.P. Revenue Code, 2006 has been initiated against one Sona Devi (ex-pradhan) who has raised illegal construction of a "sochalaya".
Learned counsel appearing for respondents No. 11 and 12 submits that the construction of the sochalaya was not raised by Sona Devi rather is a public toilet and she has no objection if it is removed.
It is also submitted that no encroachment on the land of Khasra No. 622 exists.
In view of the statement aforesaid, we dispose of this petition with a direction to the respondents to remove all the encroachments on Khasra No. 622 other than the temple and no further encroachment would be permitted by the respondents. For complying the directions given above, official respondents need not to wait for the outcome of the proceedings under Section 67 of the Code of 2006 in view of the fact that the counsel appearing for Sona Devi has not claimed construction of sochalaya by her rather shown to be a public toilet who has no objection if it is removed and removal of any other encroachment on Khasra No. 622 measuring area 0.142 hectares.
The compliance of the direction would be made within 15 days from the date of receipt of copy of this order.
Order Date :- 7.10.2021 Nirmal Sinha (Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)