Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 262 of 2019 Petitioner :- Ramkripa Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Manohar Kashyap Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Manoj Kumar Yadav, learned counsel for the respondent-Gaon Sabha and perused the record.
Present petition has been filed with a prayer to direct the respondent no. 4 to take proper initiative in respect to protect the pond Arazi No. 60 area about 0.0110 hectare as well as Banjar Arazi No. 59 area 0.0660 hectare situated at village Puranpur, Tehsil Kasimabad, District Ghazipur by evicting the same from illegal possession of respondent no. 6.
Pursuant to order of this Court dated 7.2.2019 learned Standing Counsel has produced copy of the instructions dated 20.2.2019, which is taken on record.
According to the instructions, encroachment on the lands in question were found and proceedings under Section 67 of UP Revenue Code have been initiated.
At this stage, learned counsel for the petitioner has produced photocopy of the photographs and submitted that boundary marks stones have been removed from the place for the benefit of encroachers.
All such aspects can be considered in the proceedings initiated under Section 67 of the Code.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, 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.
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 :- 22.2.2019 Abhishek