Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3587 of 2018 Petitioner :- Manshab Ali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent - revenue authorities to remove the alleged encroachments made over Plot No. 154 situated in Village Bizarkhata, Tehsil Swar, District Rampur, which has been alleged to be Gaon Sabha property.
Counter affidavits have been filed on behalf of respondent no. 4 i.e. Tehsildar, Tehsil Swar, District Rampur as well as by respondent no. 6 who is alleged to be in illegal occupation of the Gaon Sabha plot.
A perusal of the aforesaid counter affidavits show that initially proceedings were instituted against respondent no. 6 under Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 but the same were subsequently dropped by order dated 14.10.1991. However, subsequently again proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, 'Code, 2006') were instituted against respondent no. 6 and in the said proceedings, an order dated 19.3.2018 was passed by the Tehsildar i.e. respondent no. 4 again dropping the proceedings against respondent no. 6. However, the Gaon Sabha i.e. respondent no. 5 filed an application before respondent no.
4 praying that the order dated 19.3.2018 be recalled and on the aforesaid application of the Gaon Sabha, respondent no. 4 vide his order dated 2.5.2018 recalled his previous order dated 19.3.2018. Consequently, proceedings instituted against respondent no. 6 under Section 67 of the Code, 2006 i.e. Case No. T-201713591703806/81/17-18 is still pending before the concerned Tehsildar. However, in the meantime, respondent no. 6 filed an Original Suit No.
82 of 2018 before the Civil Judge (Senior Division), District Rampur praying for a decree of permanent prohibitory injunction restraining the defendants in the aforesaid case from demolishing the constructions made over the disputed plot and from interfering in the possession of respondent no. 6/plaintiff over the disputed plot. A perusal of the plaint instituting Case No. 82 of 2018 shows that in the said case, the Government of Uttar Pradesh through Collector, Rampur, the Deputy District Magistrate, the Tehsildar and the Gaon Sabha have been impleaded as defendants. In Original Suit No. 82 of 2018, respondent no. 6 also filed an application for temporary injunction and the trial court vide its order dated 26.5.2018 allowed the said application filed by respondent no. 6 and restrained the defendants in the said case from interfering in the possession of respondent no. 6/plaintiff over the suit property and from demolishing the constructions made over the same.
In view of the facts stated above, especially in view of the fact that there is an order of temporary injunction granted in favour of respondent no. 6 by the civil court, no writ as prayed by the petitioner in the writ petition can be issued and respondent - revenue authorities cannot presently be directed to remove the alleged encroachments made by respondent no. 6 over the alleged Gaon Sabha property. However, considering the circumstances of the case and the fact that the issue relates to encroachment over public property, it is directed that the Tehsildar, Tehsil Swar, District Rampur i.e. respondent no. 4 or any officer holding the charge of the said Tehsildar shall decide Case No.T-201713591703806/81/17-18 within a period of six months from the date a certified copy of this order is produced before him. Further, the Gram Pradhan of Gram Panchayat, Village Bizarkhata Tehsil Swar, District Rampur i.e. respondent no. 5 is also directed to take appropriate steps in Original Suit No. 82 of 2018 after the order passed by respondent no. 4 in Case No. T- 201713591703806/81/17-18. The respondent nos. 2, 3 and 4 are also directed that they shall ensure that appropriate pairvi on behalf of the State and the Gaon Sabha is done in Original Suit No. 82 of 2018.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 23.8.2018 Satyam