Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4607 of 2018 Petitioner :- Ram Bali Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Krishna Chandra Pandey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents no. 1 to 4 and Sri Ram Babu Yadad, learned counsel for the respondent-respondent no. 11 and perused the record.
Present petition has been filed with a prayer to direct the respondents authorities to remove the illegal encroachment made by respondent no. 5 to 10 over plot no. 104 area 0.9920 hectare recorded as ceiling land and plot no. 112 area 0.0380 hectare recorded as 'Naveen Parti' situated at village Gergraon, Tappa Kon, Pargana Kasiwar, Tehsil Sadar, District Mirzapur within stipulated period.
Pursuant to the order of this Court dated 24.10.2018, learned Standing Counsel has produced copy of the instructions, which is taken on record. According to the instructions, proceedings under Section 67 of UP Revenue Code, 2006 have already been initiated and notices have already issued to the petitioner.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector 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 :- 31.10.2018 Abhishek