Heard learned counsel for the petitioner, learned Standing Counsel representing the respondent nos.1 to 3 and learned counsel for the respondent no.4-Gaon Sabha and perused the record. At the very outset, learned Standing Counsel has produced a copy of the instructions dated 24.08.2021 received from the authorities concerned, which is taken on the record.
Present writ petition has been filed by the petitioner seeking following relief :-
"Issue a writ, order or direction in the nature of mandamus directing the respondent authority to remove the illegal encroachment of the respondent no.5 to 9 over the 1008 area about 0.1490 hectare recorded as Pokhari in revenue record of village-Azampur, Pargana-Nizamabad, Tehsil-Sadar, District-Azamgarh."
Vide order dated 22.07.2021 following order was passed with a direction to learned Standing Counsel to seek instructions. For ready reference order dated 22.07.2021 is quoted below :-
"Heard Sri Priya Ranjan Rai, learned counsel for the petitioner, learned Standing Counsel who represents respondent nos.1, 2 & 3 and Sri Rameshwar Prasad Shukla, learned counsel for the respondent no.4 and perused the record.
Grievance of the petitioner is that the opposite party nos.5 to 9 have made illegal construction over the plot in question i.e. Plot No.1008, area 0.1490 hectare recorded as Pokhari (Pond) in revenue record, situated at village Azampur, Pargana Nizamabad, Tehsil Sadar, District Azamgarh. Against the aforesaid encroachment petitioner has moved a representation before the authority concerned.
It is submitted that without registering any case under the relevant provision, the Up Ziladhikari, Sadar, Azamgarh has submitted a report dated 19.02.2020 (Annexure No.3), showing that demarcation of plot in question has already been conducted and illegal construction removed. No final decision taken till date.
Learned Standing Counsel who represents respondent Nos.1 to 3 prays for and is granted three weeks time to seek instruction in the matter.
List this matter as fresh on 10.08.2021."
Learned Standing Counsel, on the basis of instructions dated 24.08.2021 received from the authorities concerned, submitted that land measuring area-0.003 acres has been shown to be acquired by one of the villager against whom a proceeding under section 67 of the Uttar Pradesh Revenue Code, 2006 has been initiated, registered as Case no.T202115060105322 before the Tehsildar. In paragraph 6 of the instructions dated 24.08.2021 it is averred that there is no illegal encroachment of respondent nos.5 to 9 as mentioned in the writ petition. It is further submitted that he has no objection, in case, Tehsildar (respondent no.3) is directed to dispose of the aforesaid case, as mentioned above, pending before it within a stipulated period.
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 writ petition, with a direction that the Tehsildar (respondent no.3), shall decided the Case no.T202115060105322 in accordance with law expeditiously, preferably, within the period of three months from the date of receipt of a copy of this order.
The petitioner shall file a 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 observations, this petition is finally disposed of.
Order Date :- 25.8.2021 Manish Himwan