Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1497 of 2021 Petitioner :- Madan Yadav Respondent :- State Of U.P And 4 Others Counsel for Petitioner :- Girja Shanker Mishra,Pratiksha Rai Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Ms. Pratiksha Rai, learned counsel for the petitioner, Sri Bhupendra Kumar Tripathi, learned counsel for Gaon Sabha/respondent no.4 and learned Standing counsel representing for respondent nos. 1, 2 and 3.
This writ petition has been filed by the petitioner for the following relief:-
"(i) issue a writ order or direction in the nature of mandamus directing the concern respondent authority to ensure from the removing of illegal encroachment from gata no.118 area 0.003 hectare which land is mentioned in revenue record as Chakroad situated in Village-Kalizpur, Pargana-Shadiyabad, Tehsil-Jakhaniya, District-Ghazipur from the respondent no.5 within a stipulated period in accordance with law.
(ii) issue any such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case.
(iii) award the cost of the petition to the petitioner, against the respondents."
It is submitted by learned counsel for the petitioner that against the illegal encroachment made by Pradip (respondent no.5) a proceeding under Section 67 of U.P. Revenue Code, 2006 was initiated and finalized vide order dated 02.12.2020 passed by Assistant Collector Ist Class/ Tehsildar, Tehsil Jakhaniya, District Ghazipur.
In pursuance of the order dated 02.12.2020, till date no action has been taken by the authority concerned to remove the illegal encroachment made by the respondent no.5.
Learned Standing counsel and learned counsel for Gaon Sabha submits that they have no objection, in case, authorities are directed to evict the respondent no.5 in compliance of the order dated 02.12.2020 passed by Assistant Collector Ist Class/ Tehsildar, Jakhaniya.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to decide the present writ petition finally, without making any observation with respect to the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition before the Tehsildar (respondent no.3), who shall decide the same and take appropriate action in pursuance of the order dated 02.12.2020 passed by Assistant Collector Ist Class/ Tehsildar, Jakhania Ghazipur, in case no. 2286 of 2019, under Section 67 of U.P. Revenue Code, 2006, expeditiously, preferably, within a period of three months from the date of production of a copy of this order.
The petitioner shall file a computer generated copy of this order before the authority concerned, after downloading it from the official website of High Court, Allahabad, which shall be supported by an affidavit. The authority concerned shall verify the same from the official website of this Court.
With the aforesaid observations, this petition is finally disposed of.
Order Date :- 20.9.2021 Rahul.
Digitally signed by Justice Dinesh Pathak Date: 2021.09.22 17:10:59 IST Reason: Document Owner Location: High Court of Judicature at Allahabad