Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4259 of 2018 Petitioner :- Om Prakash Sachan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijay Singh Sachan Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents revenue authorities to remove the alleged encroachments made over Plot Nos. 31, 37, 40, 92, 95, 98, 101, 110, 139 and 155 which the petitioner alleges to be Gaon Sabha property.
In pursuance to the orders dated 30.08.2018 and 12.09.2018 passed by this Court, the Standing Counsel has received instructions and has handed over a copy of the same to the Court which is taken on record. On the basis of the aforesaid instructions, the Standing Counsel has stated that on survey, certain plots mentioned in the writ petition were found to have been encroached over by the villagers and encroachments over certain other plots had been removed. However, it has been stated that in relation to Plot Nos. 31, 37, 40, 139 and 155, Case Nos. T-2018034002003053, T-20180340020003054, T- 2018034002003055, T-2018034002003056, T-
201834002003057, under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been registered in the court of Additional Collector, Bhognipur, District Kanpur Dehat against the alleged encroachers of the aforesaid plots.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector, Bhognipur, District Kanpur Dehat shall decide Case Nos. T- 2018034002003053, T-20180340020003054, T-
2018034002003055, T-2018034002003056, T-
201834002003057 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector, Bhognipur, District Kanpur Dehat shall ensure that the encroachments over the Gaon Sabha lands 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 also directed that if the petitioner or any other member of the Gaon Sabha files an application in the cases registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 19.9.2018 Sattyarth