Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1556 of 2021 Petitioner :- Ravi Saran Chand And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Salil Kumar Rai,J.
Vakalatnama filed by Sri Sanjay Kumar Mishra, Advocate on behalf of respondent no. 5 is taken on record.
Heard the counsel for the petitioners.
The grievance of the petitioners in the present writ petition is that the respondent has encroached upon public road used by the villagers. Under Section 26 of the Uttar Pradesh Revenue Code, 2006, it is the Tehsildar, who is empowered to inquire into matters relating to encroachments over public road and pass appropriate orders for removal of the said encroachments.
It would serve no purpose to keep the writ petition pending, and, therefore, it is directed that petitioners may submit a representation before the Tehsildar bringing the relevant facts regarding encroachment over the disputed plot to the notice of the concerned Tehsildar who, if no proceedings regarding disputed plot under Section 26 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachments over the disputed plot, on receiving the aforesaid representation shall inquire, in accordance with law, into the allegations made by the petitioners and pass appropriate orders within a period of six months from the date when the aforesaid representation is filed by the petitioners. In case, the allegations of the petitioners are found to be true, the Tehsildar shall ensure that the encroachments over disputed plot are removed within a period of one month, thereafter, unless the order of Tehsildar is stayed by any superior authority or court in any challenge to the order of Tehsildar.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioners in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 24.9.2021 Satyam