Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4877 of 2018 Petitioner :- Ratnesh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Abhishek Singh,Yadu Nath Singh Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents no. 1, 2, 3 and 4 and Sri Diwakar Singh, learned Standing Counsel appearing for Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a direction that the respondents be directed to take appropriate action for restoring the ponds in its original position over the Arazi No.211 Area 0.6390 hectare situated in Village- Ram Nagar, Tehsil- Handia, Pargana- Kewai, District- Allahabad and further direction to respondents authorities is to remove the illegal encraochment made by the respondents no.6 & 7 over the ponds in question.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation 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 the date when the aforesaid representation is filed by the petitioner. 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 :- 28.11.2018 SKG