Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1277 of 2021 Petitioner :- Rajesh Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Srivastava,Rajesh Chandra Jaiswal Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The grievance of the petitioner in the present writ petition is that the respondent has encroached upon Nali used by the villagers. Under Section 26 of the Uttar Pradesh Revenue Code, 2006, it is the Tehsildar, who is empowered to inquire into matters relating to encroachments over Nali and pass appropriate orders for removal of the said encroachments.
It would serve no purpose to keep the writ petition pending, and, therefore, it is directed that petitioner may submit a representation before the Tehsildar bringing the relevant facts regarding encroachment over the disputed nali to the notice of the concerned Tehsildar who, if no proceedings regarding disputed plot under Section 26 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachments over the disputed nali, on receiving the aforesaid representation shall inquire, in accordance with law, into the allegations made by the petitioner and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioner. In case, the allegations of the petitioner are found to be true, the Tehsildar shall ensure that the encroachments over disputed nali are removed within a period of one month, thereafter, unless the order of Tehsildar is stayed by any superior authority or court in any challenge to the order of Tehsildar.
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 :- 12.8.2021 Satyam