Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4405 of 2018 Petitioner :- Sabha Jeet Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents revenue authorities to remove the alleged encroachments made over Plot No. 224 which vests in the Gaon Sabha.
It has been stated in the writ petition that an order dated 30.07.2009 was passed by the Assistant Collector, Tehsil Madhiyahun, District- Jaunpur in Case No. 100 registered under Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 holding that respondent No. 6 had illegally occupied over the aforesaid plot and through the said order, respondent No. 6 was directed to vacate the aforesaid plot. It has been stated in the writ petition that order dated 30.07.2009 passed by the Assistant Collector, District Jaunpur has not been implemented and consequently, the respondent No. 6 is still illegally occupying the aforesaid plot. In this regard, the petitioner has also submitted a representation dated 30.8.2018 before the District Magistrate, Jaunpur but no action has yet been taken on the said representation submitted by the petitioner.
It would serve no useful purpose to keep the writ petition pending. The District Magistrate, Jaunpur is directed to decide the representation dated 30.08.2018 submitted by the petitioner within a period of two months from the date a certified copy of this order is produced before him and in case the allegations of the petitioner are found to be true, the District Magistrate, Jaunpur shall ensure that the encroachments over the Gaon Sabha plot are removed within a period of fifteen days thereafter unless there is any legal impediment in the implementation of the order passed by the 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 :- 19.9.2018/Sattyarth