Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5182 of 2018 Petitioner :- Raghubir Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Maurya,Jawahar Lal Maurya Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel for the respondent no.3, Gaon Sabha and Sri Birendra Pratap Singh, learned Standing Counsel for the respondent nos.1 and 2.
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.4 has illegally encroached the public utility land belonging to Gaon Sabha land bearing plot No.305/166 (Banjar), 301/036 (Nali), 304/34 (Navin Parti) situated in village Paltupur, Pargana- Barsathi, Tehsil Madiyahoon, District Jaunpur.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.2, Tehsildar, Tehsil Madiyahoon, District Jaunpur 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.2. 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.*