Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 544 of 2021 Petitioner :- Raj Kumar Chaudhary Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Jai Prakash Singh,Sanjay Kumar Pal Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Dinesh Pathak,J.
Heard Shri Neeraj Kumar Srivastava, learned Advocate, holding brief of Shri Jai Prakash Singh, learned counsel for the petitioner, Shri Pankaj Kumar Gupta, learned counsel for the Gaon-Sabha(respondent no.4), learned Standing Counsel for the respondent nos. 1, 2 & 3 and perused the record.
Present writ petition has been filed for removal of illegal encroachment made by respondent nos. 5 & 6 over the plot No. 224, area 0.570 Hectare, situated in Village-Dhawarpa, Post- Chaukwa, Dhaurpra, Tehsil-Bhanpur, District-Basti, which is recorded as "Pond" in the revenue record.
It is submitted that in pursuance of order dated 23.08.2018(Annexure No.3) passed by this Court, petitioner has moved an application before the Tehsildar concerned, who has passed an order dated 12.12.2019(Annexure No.4) for eviction of unauthorized occupants in a proceeding under Section 67 of U.P. Revenue Code, 2006 but till date illegal possession has not been removed.
Per contra, learned Counsel for the Gaon-Sabha(respondent No.4) submits, on the basis of the instructions received by the concerned authorities, that effected parties had already preferred an Appeal against the order dated 12.12.2019 before the Court concerned namely, Chief Revenue Officer, Basti, who has passed an interim order dated 03.02.2021 staying the effect and operation of the order dated 12.12.2019 passed by Tehsildar Bhanpur.
In the light of the aforesaid submissions as made by learned Counsel for the Gaon-Sabha, the instant writ petition lacks merit inasmuch as proceeding is still going on before the higher Court.
Accordingly, the present writ petition is dismissed. Order Date :- 30.7.2021/Sachin