Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4660 of 2018 Petitioner :- Rudal Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
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 T.M. Khan, learned counsel for the respondent no. 5 and perused the record.
Petitioner has preferred the present petition with a prayer to direct the respondent authorities to restore the original position of the pond situated in Gata No. 757 area 10 dismil at village Hiranandpur, Tappa Patna, Pargana Shahjahanpur, Tehsil & District Deoria.
Submission of the learned counsel for the petitioner is that an order dated 28.2.2002 had already been passed against the private respondents under Section 122-B of UP ZA & LR Act. Revision against the same was also dismissed, however, no action is being taken for removing permanent encroachment. Drawing attention to page 28 of the paper book, only this much has been reported vide report dated 13.9.2018 that action is being taken in accordance with law for eviction. Submission is that still no action has been taken and representation in this regard is pending before the District Magistrate, Deoria filed as annexure 6 to the petition. Petitioner is praying for a direction in this regard.
In view of the aforesaid, present petition stands disposed of with a direction to the respondent no. 2-District Magistrate Deoria to look into the matter and strictly comply with the orders of the Court regarding removal of encroachment on the pond land in view of judgement of Hon'ble Apex Court in the case of Jagpal Singh and others vs. State of Punjab and others, (2011) 11 SCC 396; Hinch Lal Tiwari vs. Kamla Devi, AIR 2001 SC 3215 and in a judgement passed in PIL No. 63380 of 2012 (Prem Singh vs. State of UP and others), preferably within a period of one month from the date of production of certified copy of this order, provided there is no other legal impediment.
A reference may also be made to the judgment of this Court in the case of Ram Khyal Singh and others vs. State of UP and others, 2008 (138) RD 280 wherein it has been observed that even a long standing instruction does not confer any right to the person in illegal possession.
No order as to costs.
Order Date :- 30.10.2018 Abhishek