Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4885 of 2018 Petitioner :- Nadeem Ahmad Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Anurag Mishra Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for petitioner and learned Standing Counsel appearing for the State-respondents and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed commanding the respondent authorities to dispossess the respondents no.5 to 9 from the pond area (Khata No. 305 area 0.4380 Hectare and Khata No. 306 area 0.1460 Hectare) situated in Village- Saiyad Nagla, Tehsil- Sadar, Pargana- Charthawal, District- Muzaffar Nagar from illegal encroachment and initiate the proceedings under Section 67 of U.P. Revenue Code, 2006 against the illegal possession over the pond and may also be pleased to direct the respondent authorities to decide the representation of petitioner dated 01.05.2018 within some time bound period.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date when the aforesaid representation is filed by the petitioner. 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 Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
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 :- 28.11.2018 SKG