Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4063 of 2018 Petitioner :- Reyaz Ahmad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent - revenue authorities to remove the alleged encroachments over Plot No. 914 made by respondent nos. 6 and 7.
It was stated in the writ petition that despite order dated 4.10.2017 passed by the Assistant Collector, Sadar, District Azamgarh in Case No. T-20161506012672/139 registered under Section 67 of the Uttar Pradesh Revenue Code, 2006 holding that respondent nos. 6 and 7 were in illegal occupation of the said plot, the respondent nos. 6 and 7 were not being evicted from the aforesaid plot.
This Court vide its order dated 2.8.2018 had directed the Standing Counsel to seek instructions in the matter.
The Standing Counsel has received instructions and has handed over a copy of the same to the Court which is taken on record. On the basis of the aforesaid instructions, the Standing Counsel has stated that on a restoration application filed by respondent nos. 6 and 7, the order dated 4.10.2017 was recalled by the Assistant Collector vide his order dated 7.11.2017 and proceedings in the aforesaid Case No. T-20161506012672/139 have been re- started.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending. The Assistant Collector/ Tehsildar, Sadar, District Azamgarh i.e. respondent no. 4 is directed to decide Case No. T-20161506012672/139 within a period of four months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, 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 :- 21.8.2018 Satyam