Court No. - 47
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1223 of 2019 Petitioner :- Mohd Shahid Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shamimul Hasnain,Kamaluddin Khan Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble J.J. Munir,J.
Learned counsel for the petitioner is permitted to implead Abdul Quddus s/o Sri Sahil Ali with full particulars of his residence and postal address together with police station, during the course of day as respondent no. 5.
Heard Sri Shamimul Hasnain, learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel appearing on behalf of respondent no. 4 and Sri Sanjay Pandey, learned Standing Counsel appearing on behalf of respondent nos. 1,2 and 3.
An application under Section 67 of U.P. Revenue Code has been filed by the petitioner complaining of illegal encroachment over land comprising Plot No. 166 that is with an area of 1460 acres of village Saidgorari, Pargana Anguli, Tehsil Shahganj, District Jaunpur. It is recorded as a pond (Talab) in the revenue records. The said character of the land is also recorded in CH form 41 and 45 drawn up at the end of the last consolidation operations. Thus, the final consolidation maps during the last operations have confirmed the nature of the land to be a pond.
The submission of the learned counsel for the petitioner is that newly added respondent no. 5 has illegally encroached upon the land of this pond which he has occupied to the extent of 0.020 hectares, that works to an area of about 205 sq. meters. Proceedings on the petitioner's application have been initiated for removal of this encroachment on the pond, but those proceedings are lying in limbo.
Learned counsel for the petitioner has invited the attention of the Court to the order sheet of Case No. T2017143655013915 under Section 67 U.P. Revenue Code where after initial registration of the case on 02.11.2017, nothing of event has happened, even though about ten dates have been fixed during this period of time, until the last date recorded, which is 04.04.2019. Most of the dates show that the case is adjourned with an order that reads; "GD 15.02.2018" Here, GD is a self coined abbreviation for a "general date". Thus, these general dates are being fixed not to attend to statutory proceedings that are about removal of encroachment from public land. This Court disapproves of this practice of fixing general dates. The Collector, Jaunpur will ensure that this practice is discontinued.
Looking to the nature of the order proposed to be passed, this Court is not issuing notice to the newly added respondent no. 5 as no rights of parties are being determined by this order. However, in case respondent no. 5 still feels aggrieved, he is at liberty to make an application seeking recall/ review in the decided matter.
Under the circumstances, the Tehsildar Sadar (Judicial), Shahganj, Jaunpur before whom Case No. T- 2017143658013915 under Section 67 of U.P. Revenue Code is pending, shall proceed to decide the same positively within a period of six weeks next from the date of receipt of a certified copy of this order, after hearing the parties concerned, in particular, respondent no. 5.
This writ petition is disposed of in terms of the aforesaid orders. Costs easy.
Order Date :- 29.5.2019 BKM/-