Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5148 of 2018 Petitioner :- Mahaveer Prasad Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sandeep Kumar Yadav,Sandeep Kumar Yadav Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Sri Diwakar Singh has accepted notice on behalf of the Gaon Sabha.
Heard learned counsel for the petitioner and 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. 3 and 4 to remove the illegal encroachmeent over Khasra No. 78 area 0.0456 hectare and Gata Nos. 90 and 91 situated in Village Dubepur, Paragana Kewai, Tehsil Handia, District Allahabad within 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.
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 :- 19.12.2018 Lalit Shukla