Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5138 of 2018 Petitioner :- Praveen Kumar Chaudhary Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vinay Kumar Singh 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 TM Khan, 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 no. 3 to remove the encroachment over the arazi no. 872 Ga measuring area 0.4730 hectare situated in village kasba Sangrampur (Unwall), Tehsil Khajani, District Gorakhpur recorded as old parti in revenue record encroached by respondent no. 7 and 8.
Perusal of record indicates that the proceedings under Section 67 (1) of UP Revenue Code, 2006 have already been registered.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector 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.
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 :- 19.12.2018 Abhishek