Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3478 of 2018 Petitioner :- Ram Vilash Pal And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sanjeev Kumar Sharma,Ravi Prakash Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the parties.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 and 3 to remove the alleged encroachments made by respondent nos. 5 to 10 over plot no. 83 (Paschuchar land), which the petitioners alleges to be a Gaon Sabha property.
Standing Counsel states that counter affidavit sworn by Sub-Divisional Magistrate, District- Ghazipur was filed by him in the office of the Court on 23.05.2018. The said counter affidavit is not on record. However, Standing Counsel has handed over an office copy of the said counter affidavit and the same is taken on record.
It has been stated in the said affidavit that case nos. 83 of 2018, 84 of 2018, 85 of 2018 and 86 of 2018, under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been instituted in the court of Tahsildar Jakhaniya, District- Ghazipur against the persons, who were found in illegal possession on the aforesaid plot no. 83.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Assistant Collector, Tahsil Jakhaniya, District Ghazipur shall decide case nos. 83 of 2018, 84 of 2018, 85 of 2018 and 86 of 2018 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Assistant Collector, Tahsil Jakhaniya, District Ghazipur 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 petitioners in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 27.7.2018 Sattyarth