Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4879 of 2018 Petitioner :- Prabhu Nath Srivastava Respondent :- State Of U.P. And 9 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 and learned Standing Counsel appearing for respondents no. 1, 2, 3 and 4 and Sri T.M. Khan, learned Standing Counsel appearing for respondent no.5 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 directing respondents authorities to take necessary action against the respondents no. 5 to 10 and to initiate appropriate proceedings for removal of illegal encroachment so made by them over the land of Gata Nos. 1729/0.8060 hectares, play ground, Gata No. 285Kha/0040 hectares, Nali Tubewell, Gata No. 1731 Ga/0.0080 hectares, 1732 Ga, 1733/Kha/00080 hectares Nali, Tubewell, Gata no. 284/0.4250 hectares and Gata no. 1734/0.1540 hectares Gaddha and gata no. 1731Ka/0.04010 hectares is recorded as Banjer and gata no. 283/0.7700 hectares is recorded as bunje situated in village-Kurwa urf Dilip Nagar, Tehsil- Kasya, District- Kushi Nagar.
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 :- 28.11.2018 SKG