Court No. - 19
Case :- WRIT - C No. - 24240 of 2021 Petitioner :- Ramnivas Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Saurabh Shyam Shamshery,J.
1. The petitioner who is a villager is constrained to approach this Hon’ble Court with the prayer for removal of encroachments on the Gaon Sabha land which is registered as 'Taalab, Jal Magan Bhumi."
2. The grievance of the petitioner is that the Gaon Sabha is duty bound to take appropriate proceedings provided under Section 15 of the U.P. Panchayat Raj Act, 1947 which includes removal of encroachment on public places as provided under Section 15 (xiii) (c). However, the Gaon Sabha is negligent towards its duty.
3. Rameshwar Prasad Shukla, learned counsel appearing on behalf of Land Management Committee, respondent no.4 on instructions undertakes that the Gaon Sabha will look into the matter and if it is found that the complaint of the petitioner is true and there is an encroachment on the public land, appropriate proceedings as prescribed under Section 67 of the Revenue Code, 2006 will be taken.
4. The aforesaid exercise will be concluded within a period of six weeks.
5. Hari Ram Verma, Advocate holding brief of Sanjay Srivastava, learned counsel for the petitioner has no objection if the writ petition is disposed of on the basis of the aforesaid statement made on behalf of the Land Management Committee, respondent no.4.
6. The writ petition is disposed of accordingly.
Order Date :- 24.9.2021 SB