Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 41 of 2019 Petitioner :- Mulayam Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Muktesh Kumar Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Rakesh Narain Shukla
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel appearing for the Gaon Sabha.
Present petition has been filed seeking direction to the respondent nos. 2 and 3 to remove illegal encroachment of respondent nos. 6 to 8 from Arazi No. 162 area 0.4170 hectare situated at Village Tekardeeh, Ghisua, Tehsil Machhali Shahar, District Jaunpur within stipulated period.
Learned counsel for the petitioner has filed an affidavit in the light of the order dated 14.1.2019, which is taken on record.
According to the affidavit an appeal is pending against the order dated 25.1.2018 filed by Raj Narain and others.
In view of the aforesaid no fruitful purpose would be served by keeping this petition pending.
Present petition, accordingly, disposed of with a direction to the appellate authority to dispose of the appeal preferably within a period of two months from the date of production of a certified copy of this order before him.
In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of the appellate court is stayed by any superior authority or court.
It is 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 directions, the writ petition is disposed of.
Order Date :- 25.2.2019 Lalit Shukla