Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2969 of 2018 Petitioner :- Omkar Nath Maurya And 2 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Learned counsel for the petitioners prays for and is permitted to implead the Tehsildar, Tehsil Sadar, District Jaunpur in the array of respondents as respondent no.6 today itself.
Heard Sri Jai Singh Yadav, learned counsel for the petitioners, Sri Manoj Kumar Yadav, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no. 1 to 3 and 6.
The petitioners in the writ petition are seeking a direction to the respondents to remove of encroachment made by the respondent no.5 over the Gata no. 184 area 0.063 hectare and Gata no. 187 area 0.083 hectare situated in Village Harajupur, Pargana Zafrabad, Tehsil Sadar, District Jaunpur which according to them is recorded as Navin Parti in the revenue record. The relevant extract of the revenue record has been filed as Annexure-1 to the writ petition. It is also stated that Lekhpal has submitted a report on 9.4.2010 on which there is also an endorsement of the Tehsildar dated 21.4.2010 that there is illegal construction over the Gaon Sabha land. This report has been filed as Annexure-2 to the writ petition.
No useful purpose would be served in keeping the petition pending.
This writ petition is, therefore, disposed of with a direction to the respondent no.6-Tehsildar, Tehsil Sadar, District Jaunpur to enquire into the matter and take appropriate action, in accordance with law, within a period of two months from the date of receipt of a certified copy of this order in his office.
It is made clear that that court has not adjudicated the claim of the petitioner on merit.
Order Date :- 23.2.2018 Kirti