Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4015 of 2018 Petitioner :- Lallan And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The petitioners have approached this Court praying for a writ of mandamus commanding the respondents not to change the nature of the pond being Plot No. 2312 Gha area 0.465 Hectare situated at Village and Post Suranhan, Tehsil Martinganj, District Azamgarh. In this respect, the petitioners have already filed an application dated 5.9.2017 before the Assistant Collector. However, it has been stated in the writ petition that no action has yet been taken by the Assistant Collector on the aforesaid application dated 5.9.2017 submitted by the petitioners.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that 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, the Assistant Collector shall inquire into the allegations made by the petitioners 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 six months. In case the allegations of the petitioners 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 petitioners in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.7.2018 Satyam