Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4893 of 2018 Petitioner :- Manoj Kumar Prasad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Navin Kumar Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
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 T.M. Khan, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondent no. 2 to 4 to take appropriate action with regard to evicting the respondent no. 6 to 9 who have illegally occupied public utility land (Chak Road) bearing Gata No. 112 situated in Village Senduriya Bujurg Police Station Patherwa Tehsil Tamkuhi Raj District Kushi Nagar and the respondent no. 6 to 9 be evicted over the Gata No. 112 situated in Village Senduriya Bujurg Police Station Patherwa Tehsil Tamkuhi Raj District Kushi Nagar.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 4 to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 29.11.2018 Abhishek