Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3422 of 2018 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kamla Singh,Vijay Shanker Singh Counsel for Respondent :- C.S.C.,Brij Kumar Yadav,Pramod Kumar
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 and 3 to remove the alleged encroachments made by respondent nos. 5 and 6 over plot no. 56 which is recorded as barren (Banjar) in the revenue records and, therefore, vested in the Gaon Sabha.
Counter affidavit and supplementary counter affidavit sworn by Tehsildar, Auraiya, District- Auraiya has been filed by Standing Counsel and from the perusal of the said affidavits filed by the Standing Counsel, it appears that encroachments made by respondent nos. 5 and 6 had been removed on 05.05.2018 and encroachments made by seven other persons had also been removed on different dates. It has also been brought to the notice of the Court that case nos. T201803050100935, T201803050100936 and T201803050100937, under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been instituted against three other persons in the court of Tehsildar, Auraiya, District- Auraiya and notices have been issued in the said cases.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector, Tehsil- Auraiya, District Auraiya shall decide case nos.T201803050100935, T201803050100936 and T201803050100937 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, Tehsil- Auraiya, District Auraiya 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 :- 27.7.2018 Sattyarth