Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 440 of 2019 Petitioner :- Madhusudan Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel appearing for the Gaon Sabha.
With the consent of the parties, the writ petition is disposed of at the admission stage.
At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the prayer clause.
Prayer is allowed. He may do so during the course of the day.
Present petition has been filed seeking direction to the respondent authorities to remove illegal encroachment from Gata No. 74 (gali) and Gata No. 48 (khad gaddha) which is situated Baragaon, P.O. Neebhapur, Tehsil Machhalishahar, District Jaunpur stipulated period.
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 Gata No. 74 (nali) 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 :- 28.2.2019 Lalit Shukla