Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3661 of 2018 Petitioner :- Raj Bahadur Singh Respondent :- State Of U P And 12 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- C.S.C.,Chhote Lal,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding revenue authorities i.e. respondent nos. 2, 3 and 4 to remove the alleged encroachments made by respondent nos. 6 to 13 over plot No. 2136 which the petitioner alleges to be a Gaon Sabha property.
In pursuance to the orders dated 25.05.2018, 18.07.2018 and 20.07.2018 passed by this Court, Standing Counsel has received instructions and on the basis of aforesaid instructions, has stated that case nos. T 201814360303331, T 20181436030332 and 201814360303333, under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been instituted against the persons who are found in illegal occupation of the aforesaid plots.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector shall decide case nos.T 201814360303331, T 20181436030332 and 201814360303333 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, 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 :- 26.7.2018 Sattyarth