Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 419 of 2019 Petitioner :- Pauhari Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anoop Kumar Singh Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel has accepted notice for the respondent-Gaon Sabha 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 with a prayer to direct the respondents no. 2 and 3 to vacate the Khalihan land i.e. Gata no. 131 area 0.3160 Hectares and Gata no. 177 area 0.8090 Hectare and pond land Gata no. 182 area 0.227 Hectare recorded as Khalihan and pond land in revenue record respectively being used in public utility and remove the illegal encroachment of the illegal occupants i.e. respondents no. 5 to 10 and further be pleased to direct the respondents no. 2 and 3 to consider and decide the claim of the petitioner-applicant contained in representation dated 20.11.2018 and 5.2.2019 for vacating the public utility land i.e. Khalihan land Gata no. 131 area 0.3160 Hectares and Gata no. 177 area 0.8090 Hectares and pond land Gata no. 182 area 0.227 Hectares recorded as Khalihan and pond land in revenue record respectively situated in Village Sarya, Post Sarya, Padrauna, district Kushinagar and to consider and decide the claim of the petitioner contained in representation dated 20.11.2018 and 5.2.2019 for vacating the public utility land i.e. Khalihan land Gata no. 131 area 0.3160 Hectares and Gata no. 177 area 0.8090 Hectares and pond land Gata no. 182 area 0.227 Hectares recorded as Khalihan and pond land in revenue record respectively situated in Village Sarya, Post Sarya, Padrauna, district Kushinagar being used in public utility and remove the illegal encroachment of the illegal occupants i.e. respondent no. 5 to 10 and further be pleased to direct the respondents no. 2 and 3 to consider and decide the claim of petitioner-applicant contained in representation dated 20.11.2018 and 5.2.2019 for vacating the public utility land i.e. Khalihan and Pond land Gata no. 131 area 0.3160 Hectares and Gata no. 1771 area 0.8090 Hectares and pond land Gata no. 182 area 0.227 Hectare recorded as Khalihan and pond land in revenue record respectively situated in Village Sarya, Post Sarya, Padrauna district Kushinagar.
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 :- 26.2.2019 p.s.