Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 58428 of 2017 Petitioner :- Raj Kumar Yadav Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Juned Alam Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble Vivek Kumar Birla,J.
Pursuant to the order dated 16.11.2018, supplementary affidavit along with supplementary counter affidavit and counter affidavit has been filed today, which is taken on record.
Present petition has been filed with a prayer that respondent no.2 be directed to take legal action against the private respondents no.5 to 11, encroachers to removal of encroachment nuisance and obstruction over the land of Banjar being plot no. 2362-Ka situated at village Ghazipur, Tappa Haveli, Pargana- Sidhuva Jobna, Tehsil Tamkuhiraj, District Kushinagar expeditiously within a period so stipulated.
On 18.09.2018 following order was passed:
"In pursuance to the order dated 5.9.2018 passed by this Court, the learned Standing Counsel has received instructions, which has been handed over to this Court and the same is taken on record.
On the basis of aforesaid instructions, the Standing Counsel has stated that encroachments made by respondent Nos. 5, 6 and 8 were removed on 28.5.2018 itself.
The petitioner may verify the aforesaid fact within a period of two weeks from today.
List after two weeks."
On 16.11.2018 following order was passed:
"Learned counsel for the petitioner submitted that after the encroachment was removed the encroachers have again encroached upon the land in question. He prays for and is granted two weeks time to file affidavit to this effect annexing therewith coloured photographs of the spot.
List immediately thereafter.
In the meantime, Sri Sachida Nand Tiwari, learned counsel appearing for the private respondent may file counter affidavit annexing therewith copy of the order granted by the revisional court in respect of the two private respondents, whereby order of status quo has been provided. Affidavit will further indicate status of the revision."
On perusal of supplementary affidavit which is filed today along with supplementary counter affidavit and counter affidavit indicates that copy of the coloured photographs has been annexed, but the date of the photographs has not been mentioned in the supplementary affidavit. It is further indicated that the encroachment made over the disputed land by encroachers was removed but subsequently the same has again been encroached, with regard to this the report is also submitted on 15.06.2018 whereas the order was passed on 16.11.2018 granting time to the petitioner to annex the coloured photographs of the spot in question. Obviously, the supplementary affidavit does not reflect the correct position as on date.
Learned counsel appearing for private respondents drawing attention to the supplementary counter affidavit submits that against the order rejecting the recall application the respondent No.5, Sukhraj has filed an appeal which was admitted and as interim order of status quo dated 01.10.2018 was passed.
In such view of the matter, no fruitful purpose would be served by keeping this petition pending as the matter is pending before the competent authority under the relevant provisions.
Accordingly, the petition stands disposed of with direction to the appellate authority to decide the appeal as mentioned in the supplementary affidavit preferably within a period of three months from the date of production of certified copy of this order.
With this observation/direction, present petition stands
disposed of.
Order Date :- 30.11.2018 SKG