Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1503 of 2021 Petitioner :- Ratan Tiwari Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Syed Irfan Ali,Mohd Naushad Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Supplementary affidavit filed by counsel for the petitioner today, is taken on record.
At the very outset, learned counsel for the petitioner made a prayer to implead Tehsildar concerned as respondent No.16.
Learned Standing Counsel has no objection to the payer made by the learned counsel for the petitioner.
As prayed, leaned counsel for the petitioner is permitted to implead the Tehsildar concerned as respondent No.16 in the cause title of the present wit petition during the course of the day.
Heard Sri Syed Irfan Ali, learned counsel for the petitioner, Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha/respondent no.4, learned Standing Counsel, represents respondent nos.1 to 3 and 16 and perused the record.
Instant writ petition has been filed by the petitioner in the nature of Public Interest Litigation (PIL) beseeching mandamus commanding respondent Nos.2, 3 and 16 to remove the illegal encroachment made by respondent no.5 to 15 over Chak No.30 area 0.494 hectare situated at Gram Chakgirdhar, Paragana Dhabad, Tehsil Bairia, District Ballia.
It is submitted that public utility land i.e. Chak No.30 area 0.494 hectare situated at Gram Chakgirdhar, Paragana Dhabad, Tehsil Bairia, District Ballia is recorded as Pond in the revenue record. Extract of Khatauni is filed as annexure no.1. Respondent Nos 5 to 15 have illegally encroached upon the land in question, without any legal right and title, otherwise than in accordance with the law, which is causing inconvenience to the public in large. It is further submitted that petitioner has filed representation dated 09.06.2021 (annexure no.2) before the authorities concerned to ventilate his grievances qua illegal encroachment made by respondent Nos 5 to 15 over the chak in question as mentioned above, but the same is still pending.
In supplementary affidavit, which has been filed today, it is submitted that during pendency of the aforesaid writ petition, Tehsildar, i.e. respondent No.16 has initiated proceedings for eviction of unauthorized occupants from the land in question under Section 67 of U.P.L.R. Act and passed separate orders dated 14.09.2021, in all the cases against the respondents, by which, a week's time has been granted to the respondents to remove their illegal encroachment, but till date no action has been taken in compliance of the order dated 14.09.2021.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation in the light of order dated 14.09.2021 passed by Tehsildar, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before Tehsildar, Tehsil Bairia, District-Ballia i.e. respondent No.16, who shall take action for eviction of unauthorized occupants in accordance with law expeditiously, preferably, within a period of four months from the date of production of a copy of this order, if there is no other legal impediment.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 21.9.2021 Pr/-