Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5022 of 2018
Petitioner :- Ram Vishun
Respondent :- State Of U P And 12 Others
Counsel for Petitioner :- Ajai Kumar Malviya
Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Re-Civil Misc. Amendment Application No. 5022 of 2019.
Heard learned counsel for the petitioner as well as Sri H.C. Dubey, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel appearing for the respondent - Gaon Sabha.
This application is allowed.
Let necessary amendment be made by the learned counsel for the petitioner during the course of the day.
Re-Writ Petition Heard learned counsel for the petitioner as well as Sri H.C. Dubey, learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel appearing for the respondent - Gaon Sabha.
Present writ petition has been filed seeking a direction to the respondents no. 2 to 4 to get removed the encroachment over Gata no. 743 area 0.4050 Hectare situated at Village and Post Deo Kali, Tehsil Kerakat, district Jaunpur, which has been recorded as Pond in the revenue record from the illegal possession of the private respondents no. 6 to 13 and also to direct the respondent no. 2 to consider and decide the representation dated 18.9.2018 of the petitioner (Annexure No. 3 to this writ petition) within stipulated period at an early date as may be fixed by this Court.
Pursuant to the order of this Court dated 19.1.2019, Sri H.C. Dubey, learned Standing Counsel has produced a copy of the instructions, which is taken on record. According to the instructions, proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the encroachers.
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 pass appropriate orders within a period of three months from the date of production of a certified copy of this order. 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 :- 26.2.2019/p.s.