Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1242 of 2019 Petitioner :- Nagendra Mishra Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Upendra Kumar Mishra Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1, 2, 3 and 4 and Sri Tariq Maqbool Khan, learned counsel for respondent no.5 With the consent of learned counsel for the parties, the writ petition is disposed of at the admission stage.
The contention of the counsel for the petitioner is that the Arazi No. 476 Rakba 0.0970 has been declared as Rasta in the revenue record, however, the respondent nos. 6 to 9 have illegally encroached the said Rasta/public way. In this regard, the petitioner has approached the District Magistrate, Kushinagar, Sub Divisional Magistrate, Kasya Kushinagar as well as Tehsildar, Kasya Kushinagar. The representation of the petitioner dated 14.5.2019 is not considered so far by any of the respondent authorities.
In view of the aforesaid submission of the learned counsel for the petitioner, the writ petition is disposed of by directing the Tehsildar, Kasya to submit his report with respect of Arazi no.
476 Rakba 0.0970. The report of the Tehsildar will be considered by the District Magistrate, Kushinagar and thereafter the District Magistrate, Kushinagar will pass an appropriate order in accordance with law preferably within a period of four weeks from the date of production of certified copy of this order.
Order Date :- 29.5.2019 S.S.