Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1663 of 2021 Petitioner :- Raju Respondent :- District Collector And 11 Others Counsel for Petitioner :- Lalji Yadav,Yashpal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard Sri Yaspal Yadav, learned counsel for the petitioner, Sri Sudhir Bharti, learned counsel for the Gaon Sabha/respondent no.4, learned Standing Counsel represents respondent nos.1, 2 & 3 and perused the record.
Instant writ petition has been filed by the petitioner with the following prayer:-
"(a) issue a writ, order or direction in the nature of mandamus and direct the Tehsildar/Assistant Collector, Tehsil Padrauna, District Kushinagar, to ensure removal of encroachments and wrongful occupation made by the private respondent nos.5 to 12 from the public road at Araji No.1670/0.3240 HA located at Village Jangal Jagdishpur (Bishunpatti), Tehsil Padrauna, District Kushinagar, within a specified time frame."
Learned Standing Counsel and learned counsel for the Gaon Sabha have fairly contended that they have no objection if this Court issues a direction to the authorities concerned to comply the order dated 19.01.2017 passed by Tehsildar/Assistant Collector, Tehsil Padrauna, District Kushinagar, in Case No.T2016054465015458(Gran Sabha Vs. Yunus), under section 67 of Revenue Code, 2006.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before Tehsildar/Assistant Collector, Tehsil Padrauna, District Kushinagar (respondent No.3), who shall decide the same in the light of the order dated 19.01.2017 passed by him, expeditiously, preferably, within a period of three months from the date of receipt of the aforesaid representation.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 VKG