Court No. - 42
Case :- WRIT - C No. - 20359 of 2021 Petitioner :- Smt. Rizwana Khatun Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kharag Singh,Shakti Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Sunil Kumar Singh, learned counsel for the respondent-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 following prayers:-
"a) To issue a writ, order or direction in the nature of mandamus commanding and direct the respondent no. 4 Tehsildar/ Assistant Collector, Tehsil- Mawana, District- Meerut to decide the objection dated 9.4.2021 filed by the petitioner in case no. 01717 of 2021, Computer case no. T202111520301717, under Section 67 of Revenue Code (U.P.) 2006, (Gaon Sabha Vs. Smt. Rizwana Khatun) Village- Shahjahanpur, Pargana- Kithor, Tehsil- Mawana, District- Meerut, (Annexure No. 7 to this writ petition) which is pending in the court of Tehsildar/ Assitant Collector, Tehsil- Mawana, District- Meerut, within a specific period as this Hon'ble Court may deem fit and proper in the circumstances of the case.
b) To issue a writ, order or direction and direct the respondents not interfere in peaceful possession over the khasra no. 767/1 area 0.1050 hectare, khasra no. 768/2 area 0.900 hectare, khasra no. 769/2 area 0.0550 hectare, khasra no. 770 area 0.0630 hectare and khasra no. 771 area Shahjahanpur, Pargana- Kithor, Tehsil- Mawana, District- Meerut, during the pendency of the present writ petition before this Hon'ble Court."
In view of the aforesaid prayer, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made against the petitioner and consider his objection by 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 of production of self- attested copy of this order.
In case the allegations against 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 :- 24.8.2021 Aditya