Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1251 of 2019 Petitioner :- Ravindra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Saxena,Manish Joshi Counsel for Respondent :- C.S.C.,Manu Singh Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Arun Kumar Singh, Advocate holding the brief of Sri Manu Singh, learned counsel representing the respondent no.5 and learned Standing Counsel for the respondent nos.1 to 4.
With the consent of learned counsel for the parties, the writ petition is disposed of at the admission stage.
The contention of counsel for the petitioner is that some persons have encroached the Gaon Sabha land of series 6 having gata nos.727Ba, 733/1, 733/2, 734, 735 and nearby gatas situates in the village Harunpur, Gair Ahatmali, Tesil Atrauli, District Aligarh.
In this regard, the petitioner has made a complaint before the Additional District Magistrate (Administration), Aligarh. The Additional District Magistrate, Aligarh has issued several letters to Sub-Divisional Magistrate, Atrauli and Tehsildar, Atrauli for inquiry but till date no heed is paid either by Sub-Divisional Magistrate or Tehsildar.
The issue is very serious as the inaction of the Sub- Divisional Magistrate, Atrauli and Tehsildar, Atrauli appears either they are interested personally or involved with the persons, who encroached the Gaon Sabha land.
In view of above, the petitioner is directed to submit a detail representation before the District Magistrate, Aligarh within two weeks from today and the District Magistrate, Aligarh will call for the explanation from Sub-Divisional Magistrate, Atrauli and Tehsildar, Atrauli and also report from the Additional District Magistrate (Administration), Aligarh.
After scrutinizing the reports submitted by the authorities, the District Magistrate will pass an appropriate speaking and reasoned order in accordance with law within a period of one month from the date of submission of representation submitted by the petitioner and will take an appropriate action against the erring authorities and also take appropriate steps to remove the persons who illegally encroached the gaon sabha land.
With the above direction, the writ petition is disposed of.
Order Date :- 29.5.2019 A.Kr.*