Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5166 of 2018 Petitioner :- Laxmi Kant Respondent :- State Of U P And 13 Others Counsel for Petitioner :- Ram Kesh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondent no. 2 to take appropriate steps against respondent no. 5 to 14 ensuring removal of their illegal possession from Gram Sabha land recorded as Usar and public path being the plot no. 142 area 0.040 hectare and plot no. 143 area 0.364 hectare and 76 area 0.130 hectare, gata no. 78 0.53 hectare 79 gata no. 0.178 hectare gata no. 80 area 0.223 hectare gata no. 86 area 0.113 hectare gata no. 93 area 0.008 hectare situated in village Rasulpur (Jaunpur Takha) Pargana Anguli Tehsil Shahganj District Jaunpur.
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.
Insofar as the encroachment on pathway (rasta) is concerned, authority concerned is at liberty to remove such encroachment in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
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 Abhishek