Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4695 of 2018 Petitioner :- Ram Awadh Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Himanshu Pandey,Hawaldar Ram Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
At the very outset, learned counsel for the petitioner prays that he may be permitted to correct the description of respondent no. 1 and to implead the Collector/District Magistrate, Ballia as one of the respondents and also to delete respondent no. 5 from the array of parties.
Prayer aforesaid is granted. He may do so during the course of the day.
Heard learned counsel for the petitioner and Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the respondents no. 1 to 3 and Sri Ramesh Chandra Upadhyaya, learned counsel appearing for the respondent no. 4.
Present writ petition has been filed seeking a direction to the respondents to remove the encroachment from the public pathway/rasta-Rahchhaiber bearing Khasra no. 888 situated at Village Kotwa, Pargana Dwaba, Tehsil Bairiya, district Ballia within a stipulated period of time and to restore the road in the same position as is indicated/demarcated in revenue map of village within a stipulated period of time as may be determined by this Court and also direct the Tehsildar to hear, conclude and decide the remaining pending proceedings under Section 115-C namely Case Nos. 206 to 211 of 2018 expeditiously preferably within a stipulated period of time as may be determined by this Court.
On 31.10.2018, learned Standing Counsel was granted time to seek instructions in the matter. Again on 19.11.2018, he was granted further time to seek instructions. He submits that he has already sent a letter by Fax on 22.11.2018, however, nobody has turned up alongwith instructions in the matter.
Learned counsel appearing for the respondent no. 6 has produced a copy of the interim order dated 14.6.2018 passed by the Tahsildar on the restoration application filed by Madan Mohan, respondent no. 6 whereby operation of the order dated 24.4.2018 has been stayed.
In such view of the matter, present writ petition stands disposed of with a direction to the Tahsildar, Bairia, district Ballia to decide the restoration application within a period of one month from the date of production of a certified copy of this order before him and thereafter in case restoration application is rejected and order dated 24.4.2018 is maintained, the authorities concerned shall take appropriate action for removal of encroachment within another period of one month provided there is no other legal impediment.
No costs.
Order Date :- 30.11.2018 p.s.