Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5184 of 2018 Petitioner :- Pramod Kumar Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Ramesh Chandra Upadhyay, learned counsel for the respondent no.5, Gaon Sabha and Sri Birendra Pratap Singh, learned Standing Counsel for the respondent nos.1, 2 and 3.
With the consent of learned counsel for the respective parties the writ petition is disposed of.
The contention of learned counsel for the petitioner is that the respondent no.6 has illegally encroached the public utility land being plot no. 367 area 0.202H, which is recorded as public pond (Jalmagan Bhoomi) in the revenue record situated at village Kalyanpur, Tehsil Ghosi, District Mau.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.4, Tehsildar, Tehsil Ghosi, District Mau to proceed in the matter and to find out as to whether the aforesaid plots are meant for the purpose of Gaon Sabha and are illegally used by respondent no.6. In case, the Tehsildar arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*