Court No. - 30
Case :- WRIT - C No. - 20747 of 2018 Petitioner :- Mukesh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satya Prakash Rai,Vikas Upadhyay Counsel for Respondent :- C.S.C.,Kailash Nath,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Kailash Nath, learned counsel appearing on behalf of respondents no. 5 to 7.
Rejoinder affidavit filed today is taken on record.
In paragraph no. 7 of the counter affidavit filed by the State, it has been categorically stated that encroachment, if any, has already been removed by the Revenue Authorities and at present there is no illegal encroachment over the Gata in question. In support, learned Standing Counsel has annexed copies of the spot inspection report, Naksha Nazri and colored photograph of the spot along with counter affidavit.
In paragraph no. 8 of the said counter affidavit, it has also been clearly mentioned that photographs filed along with writ petition by the petitioner is of some other spot.
Learned counsel for the petitioner submits that the encroachment on the spot is still existing.
In view of the stand taken by the State Authorities, I am not inclined to entertain the present writ petition.
At this stage, learned counsel for the petitioner submits that even the proposal was passed for construction of Khadanja on the aforesaid land has been made. Be that as it may and for this purpose, demarcation is required, the petitioner is at liberty to approach before the appropriate authority with all his grievances, if he so desires.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 22.2.2019 sailesh