Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4180 of 2018 Petitioner :- Mohan Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Santosh Kumar Rai Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed by the petitioner praying for a writ of mandamus commanding the respondent authorities to remove the encroachments allegedly made by respondent no.6 over Plot No.137 which the petitioner alleges to be Gaon Sabha property.
It has been stated in the writ petition that by order dated 30.4.2016 passed by the Assistant Collector, Tehsil Saidpur, District Ghazipur in Case No.151 under Section 122-B of the U.P Zamindari Abolition & Land Reforms Act, 1950, the respondent no. 6 was directed to vacate the aforesaid plot. However, the order has not been executed.
In this regard, the petitioner has made a representation before the District Magistrate, District Ghazipur on 4.7.2017 and has stated in the writ petition that no decision/action has yet been taken by the District Magistrate, Ghazipur on the aforesaid representation.
It has also been stated that consequently the respondent no.6 is still in possession and illegal occupation of the Gaon Sabha property.
It would serve no purpose to keep the writ petition pending, and therefore, the District Magistrate, District Ghazipur is directed to decide the aforesaid representation submitted by the petitioner within a period of six months from the date a certified copy of this order is produced before him.
It is also 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 direction, the writ petition is disposed of.
Order Date :- 18.8.2018 IB