Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3382 of 2018 Petitioner :- Raj Narain Yadav Respondent :- District Magistrate Jaunpur And 4 Others Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
1. In pursuance to the order dated 25.4.2018 passed by this Court, the Standing Counsel has obtained instruction from the Sub Divisional Magistrate, Machhlishahr, District-Jaunpur, which is taken on record.
2. The present writ petition has been filed praying for a writ of mandamus commanding the revenue authorities, i.e., respondent Nos. 2 and 3 to remove the alleged encroachments made by respondent Nos.4 and 5 over Plot No. 592, which the petitioner alleges to be Gaon Sabha property.
3. Learned Standing Counsel, on the basis of the said instruction, has stated that after due investigation, it was found that certain villagers had encroached over Plot No. 592 and Case Nos. T-201814360301844, T- 201814360301843, T-201814360301842 and T-201814360301841 under Section 67(1) of the Uttar Pradesh Land Revenue Code, 2006 have been instituted against the persons found in occupation of the aforesaid plots.
4. 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-201814360301844, T-201814360301843, T-201814360301842 and T-
201814360301841 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.
5. 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.
6. With the aforesaid directions, the writ petition is disposed of.
Order Date :- 31.7.2018 Anurag/-