Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3981 of 2018 Petitioner :- Prem Shankar Mishra And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Rakesh Pande,Reva Nandan Dwivedi Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Diwakar Singh
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Rakesh Pande, learned counsel for the petitioners, Mr. R.N. Pandey with Mr. A.P. Tiwari, learned counsel for respondents 9 to 12 and Mr. A.K. Goyal, learned Addl. Chief Standing Counsel for respondents-State.
The primary prayer made in the writ petition reads thus:
“A. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent number 2, 3, 4 to remove illegal encroachments of the respondent number 9 to 12 over the plot number 40 area 0.5090 hectare & 42 k 0.5140 hectare situated in village – Amilo, Pargana – Arail, Tahsil – Karchhana, District – Allahabad which is recorded as Primary school land in revenue records of current Fasli year and to take necessary action against the responsible person.”
Having regard to the nature of prayer and the allegations made in the writ petition, counsel for the parties are agreed for the order that we propose to pass. Hence, the petition is disposed of by the following order:
The District Magistrate shall examine the petitioners' grievance as made in the writ petition and if the allegations of illegal encroachment are found to be true and correct, he may take appropriate steps for removal of the encroachment and restore the land to its original position. It is needless to mention that the District Magistrate shall grant opportunity of hearing to the petitioners and respondents 9 to 13 before passing any final order on the petitioners' representation. The petitioners shall make a representation and place a copy of this order and a copy of the writ petition with annexures before the District Magistrate within a period of two weeks from today. It is needless to state that the petitioners shall serve a copy of the representation alongwith a copy of the writ petition and annexures to the respondent nos. 9 to 13 within two weeks from today. The District Magistrate shall consider the petitioners' representation and allegations made in the writ petition expeditiously. It is open to respondents 9 to 13 to submit their reply to the allegations made in the writ petition and place all the documents, supporting their claim, before the District Magistrate within a period of four weeks from today. It is made clear that this Court has not examined merits of the case.
Order Date :- 30.7.2018 RK (Yashwant Varma, J) (Dilip B Bhosale, CJ)