Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5180 of 2018 Petitioner :- Lallan Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Udai Pratap Singh,Hridai Narayan Sharma Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Sri Manoj Kumar Yadav has accepted notice on behalf of the Gaon Sabha.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed seeking direction to the respondent nos. 1 and 2 to decide the representation of the petitioner dated 10.4.2016 and 30.6.2016 within stipulated period.
Drawing attention to khatauni (Annexure-1 to the petition) submission is that Arazi No. 352 situated in Arjunpur, Pargana Chanda, Tehsil Badlapur, District Jaunpur is recorded as navin parti land and the same is being encroached by the private respondents, submission is that the respondent authorities may be directed to get illegal encroachment removed.
In view of the aforesaid, 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 inquire 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 three 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 land 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 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 :- 20.12.2018 Lalit Shukla