Court No. - 23
Case :- WRIT - C No. - 25561 of 2018 Petitioner :- Rajendra Kumar @ Rajendra Prasad Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Mahendra Pratap Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The petitioner has approached this Court praying for a writ of mandamus commanding respondent nos. 1 to 4 to remove the illegal encroachments made by respondent nos. 6 to 1 over Plot No. 1594, which the petitioner alleges to be a Gaon Sabha property. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Assistant Collector, even though under Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the Assistant Collector, who is empowered to enquire into matters relating to encroachments over Gaon Sabha property and who may 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 Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid land to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said land, on receiving the aforesaid representation shall enquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 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 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. It is clarified that this Court has not adjudicated upon he 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 :- 30.7.2018 Sattyarth