Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4696 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 as well as learned Standing Counsel appearing for the State respondents and Sri Diwakar Singh, learned counsel for the 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 with a prayer to direct the respondents to take necessary action against unauthorized occupants i.e. respondents no.
6 to 10 and to initiate appropriate proceedings for removal of illegal encroachments so made by them over the land of Gata no. 352Kha area 0.0360 hectares recorded as road (Rasta), Gata no. 285 kha area 0.004 hectare (Nalkup) (Nali), Gata no. 284 recorded as (Gaddha) and Gata no. 283/0.660 hectare recorded as Bunjer in revenue record situated in Village Kurwa urf Dilip Nagar, Tehsil Kasya District Kushinagar.
Attention of this Court was drawn to Annexure-4 to the writ petition which indicates that on a complaint made to the State Government a direction has been issued for taking necessary action and submitting report.
Submission is that in spite of the aforesaid direction, nothing has been done till date.
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 :- 31.10.2018 p.s.