Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5191 of 2018 Petitioner :- Om Prakash Tiwari And Another Respondent :- State Of U.P. And 18 Others Counsel for Petitioner :- Vikram Yadav,Brajesh Kumar Chaturvedi,P.K. Upadhyay Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners, Sri Ramesh Chandra Upadhyay, learned counsel for the respondent Gaon Sabha and Sri Birendra Pratap Singh, learned Standing Counsel for the respondents-State.
With the consent of learned counsel for the respective parties, the writ petition is disposed of.
The contention of learned counsel for the petitioners is that the respondent nos.6 to 18 have illegally encroached the public utility land being Arazi No. 341, 347 and 353 which is recorded as Bheeta and Pond in the revenue record.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.5, Tehsildar, Tehsil Sadar District Ballia to proceed in the matter and to find out as to whether the aforesaid plots are meant for the purpose of Gaon Sabha and are illegally used by respondent nos 6 to 18. In case, the Tehsildar arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*