Court No. - 4
Case :- WRIT - C No. - 26804 of 2020 Petitioner :- Samar Jeet Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Satish Kumar Shukla Counsel for Respondent :- C.S.C.,Sunil Kumar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed with following prayer:-
"i) issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to ensure that Gram Sabha land bearing Gata No. 168 (Chakmarg) situated in Gaon Sabha Benipur, Post- Asepur, Saidabad, Handia, District Prayagraj is vacated from illegal encroachment from Respondent No.4 & 12 within some stipulated period.
ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to demolish the illegal construction made by Respondent No.4 & 12 in the Gram Sabha land (Chakroad) bearing Gata No. 168 situated in Gaon Sabha Benipur, Post- Asepur, Saidabad, Handia, District- Prayagraj is vacated from illegal encroachment from Respondent No.4 & 12 within some stipulated period.
iii) issue a writ, order or direction in the nature of mandamus commanding the Respondent No.2 to consider and decide the complaint dated 20.08.2020 and 26.08.2020 in respect of Gram Sabha land bearing Gata No. 471 measuring 1.0730 hectare situated in Gaon Sabha Shankha, Pargana- Kada, Tehsil- Sirathu, District- Kaushambi within some stipulated period.
iv) issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
v) award the cost of the petition in favour of the petitioner."
From the prayer clause it appears that the petitioner is seeking removal of obstacle and encroachment from Chakmarg.
Present petition stands disposed of with liberty to the petitioner to initiate proper proceedings in accordance with law under Section 26 of the U.P. Revenue Code, 2016. In the event any such application is filed within a period of one month from today with self attested copy of this order, which may be verified from the official website of this Court, the same shall be considered and decided strictly in accordance with law preferably within a period of three months from the date of filing of application.
With the aforesaid observation, present petition stands disposed of.
Order Date :- 8.1.2021 Aditya