Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5202 of 2018 Petitioner :- Lal Bahadur Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Madan Mohan Srivastava Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Ramesh Chandra Upadhyay, learned counsel for the respondent Gaon Sabha and Sri Birendra Pratap Singh, learned Standing Counsel for the respondents-State.
With the consent of learned counsel for the respective parties, the writ petition is disposed of.
The contention of learned counsel for the petitioner is that the respondent nos.6 has illegally encroached the public utility land being Plot No. 46. He has prayed to issue a direction to the State/respondent to make spot measure in respect of the chak marg no. 46 area 0.110 situated at village Zameen Sidhari, Pargana Nazimabad, Tehsil Sadar, District Azamgarh.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.4, Tehsildar, Tehsil Sadar District Azamgarh to proceed in the matter and to find out as to whether the aforesaid plot is meant for the purpose of Chak Marg and is illegally used by respondent nos 6. In case, the Tehsildar arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*