Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5165 of 2018 Petitioner :- Prabhu Narayan Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Nand Lal Maurya, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel 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 respondent authorities to restrain the private respondents from changing the nature of road of Arazi no. 23 and 24 as mentioned in Khalihan, Arazi No. 55 and 83 as mentioned Road and Khad Gaddha situated at village Amauli Pargana Kera Mangraur Tehsil Chakia District Chandauli as well as to remove the encroachment over arazi no. 243mi, 244 and 250 mentioned as pond situated at Mauza Biyasadh (Kera Mangraur) Tehsil Chakia District Chandauli.
Drawing attention to pages 25 and 27 of the petition, it has been asserted that in the year 2017 itself under Right to Information Act, an information was supplied that there is an encroachment on arazi numbers in question. It was further informed that proceedings under Section 67 of the UP Revenue Code, 2006 are being initiated against the encroachers. Submission is that till date no such proceedings have been initiated although the petitioner has given representation subsequent to the information supplied in February, 2018.
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.
Insofar as the encroachment on pathway (rasta) is concerned, authority concerned is at liberty to remove such encroachment in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
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 :- 20.12.2018 Abhishek