Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1239 of 2019 Petitioner :- Makabool Respondent :- District Magistrate Collector And 4 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2 and 3 and Sri Manoj Kumar Yadav, learned counsel for respondent no.4.
With the consent of learned counsel for the parties, the writ petition is disposed of at the admission stage.
The submission of the counsel for the petitioner is that the Arazi No. 291/2 area 0.075 hec. is recorded in the revenue record as Banjar land on which the respondent no.5 Nanga Yadav has illegally constructed a boundary wall and illegally encroached the said property.
Learned counsel for the petitioner submits that in this regard he has approached the Tehsildar, Sadar District Varanasi, respondent no.3. The Tehsildar has sought the record from Lekhpal who has affirmed that the boundary wall has been constructed by respondent no.5 on the Gaon Sabha land. Learned counsel for the petitioner further submits that even after the report submitted by the Lekhpal no action has been taken by the respondent authority against the respondent no.5. He has further pointed out that the respondent no.5 has filed a civil suit in which no interim order has been passed by the civil court. Learned counsel for the petitioner has placed reliance on Annexure 6, which is a letter addressed to the District Magistrate, Varanasi dated 10.3.2019 signed by 50 members of Gaon Sabha. Learned counsel submits that till date no action has been taken by any of the authorities including the District Magistrate, Varanasi.
In view of the aforesaid submissions of the learned counsel for the petitioner, the writ petition is disposed of by directing the District Magistrate, Varanasi to call for the explanation from the Tehsildar, Sadar District Varanasi and to inquire the matter and passed an appropriate reasoned and speaking order in accordance with law preferably within two months from the date of production of certified copy of this order.
Order Date :- 29.5.2019 S.S.