Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4385 of 2018 Petitioner :- Rakesh Sharma Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Chandravir Singh Raghuvanshi,Pramod Kumar Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The petitioner has approached this Court praying for a writ of mandamus directing respondent authorities to remove the alleged encroachments made over Plot Nos. 158 and 169-Ka, which are recorded as 'Nala' and 'Chakroad'. However, from the records annexed with the writ petition, it does not appear that the petitioner has filed any application before the concerned Tehsildar, even though 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 public road 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 aforesaid plots to the notice of the concerned Tehsildar who, if no proceedings under Section 26 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 26 of the Uttar Pradesh Revenue Code, 2006 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 Nala and Chakroad 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 also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Tehsildar, to be heard in opposition to the noticee in the said cases, the Tehsildar shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 18.9.2018 Satyam