Court No. - 30
Case :- WRIT - C No. - 6667 of 2019 Petitioner :- Sada Nand Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shriprakash Shrivastava 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. Sri T.M. Khan, learned counsel has accepted notice for the respondent - Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondents to forthwith take appropriate action in accordance with law against respondents no. 5 to 7 for encroaching upon Gaon Sabha Rasta land i.e. plot no. 583 area 1.032 Hectare situated at Village Parsa @ Sirsiya Ahetmali, Tehsil Tamkuhiraj, district Kushinagar.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 2, the Up Ziladhikari, Tehsil Tamkuhiraj, district Kushinagar to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 26.2.2019 p.s.