Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 64 of 2019 Petitioner :- Pawan Kumar Pandey Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Vishwa Nath Pandey Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Santosh Kumar Pandey, learned Standing Counsel appearing for the State respondents and Sri T.M. Khan, learned counsel for the respondent no. 4 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 to take necessary action against the respondents no. 5 to 13 and to initiate appropriate proceeding for removal of illegal encroachment so made by them over the land of Gata no. 339 measuring area 0.0650 Hectare recorded as Banjar land, Gata no. 259 measuring area 0.2870 Hectare recorded as Banjar land, Gata no. 254 measuring area 0.0570 Hectare recorded as Naveen Parti, Gata no. 347 measuring area 0.1420 Hectare recorded as Naveen Parti, Gata no. 240 measuring area 0.0770 Hectare recorded as Gaddha, Gata No. 248-Ka measuring area 0.0240 Hectare recorded as Gaddha in revenue record of Village Mairwa, Tehsil Tamkuhiraj, district Kushi Nagar and also to remove the illegal encroachment so made by respondents no. 5 to 13 over Gaon Sabha land within certain stipulated time as fixed by this Court.
Drawing attention to Annexure-1 to the writ petition, it was pointed out that not the entire land as mentioned in the prayer is under encroachment and names of some of the persons have been duly recorded.
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 :- 21.1.2019 p.s.