Court No. - 18
Case :- WRIT - C No. - 20814 of 2018 Petitioner :- Mukesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Kumar Gautam Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Standing Counsel. Shri Ashish Kumar Srivastava has accepted notice on behalf of Gaon Sabha.
The petitioners are before this Court assailing the order dated 5.5.2018 passed by respondent no.1 and the order dated 9.3.2018 passed by respondent no.2 by which due to illegal possession over public utility land, a fine of Rs.5800/- has been imposed on the petitioners.
The petitioner has challenged the impugned orders on the ground that they have not encroached upon the public utility land and no demarcation has been made to prove the illegal possession on road. It is contended that no crop can be sown on pucca road and as such the finding recorded by the authority concerned is unsustainable and liable to be set aside.
Considering the facts and circumstances of the case, in the interest of justice, the writ petition stands disposed of providing that the petitioner will deposit Rs.1000/- in place of Rs.5800/- as has been directed by the orders impugned.
Order Date :- 31.5.2018 SP/