Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4393 of 2018 Petitioner :- Rohan Singh Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Ram Pal Singh Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Salil Kumar Rai,J.
The petitioner has approached this Court praying for a writ of mandamus directing respondent authorities to remove the alleged encroachments made over Arazi Nos.679, 600 and 671 which the petitioner alleges to be Chak Road and Nali. In this respect, the petitioner has already filed an application dated 25.08.2018 before the Assistant Collector. However, it has been stated in the writ petition that no action has yet been taken by the Assistant Collector on the aforesaid application dated 25.08.2018 submitted by the petitioner.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that if proceedings under the Uttar Pradesh Revenue Code, 2006 have not already been registered in relation to encroachment over the said plot, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 26 of the Uttar Pradesh Revenue Code, 2006 and pass appropriate orders within a period of six months. In case the allegations of the petitioner are found to be true, the Assistant Collector shall ensure that the encroachments over Chak Road and Nali 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 also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 18.9.2018 IB