Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 389 of 2019 Petitioner :- Rakesh Kumar Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Sumitra Singh,Phool Chandra Singh Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri D.D. Chauhan, learned counsel has accepted notice for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondent authorities to sageguard Gaon Sabha Land/Land situated in State of UP including Garhas/Garhees, i.e. Gata/Araji No. 143, 145 etc, kept drainage and cattle water in village and Gram Panchayat Muradpur @ Belraie, Post Gaura Upadhaya, Tappa Bargo Pagar, Pargana Mahuli Paschim, Tehsil Sadar District Basti.
In view of the aforesaid, 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 plot 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 plot, on receiving the aforesaid representation shall inquire 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 three 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 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 :- 25.2.2019 Abhishek