Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2093 of 2019 Petitioner :- Sanjay Kumar Bind Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kalp Nath,Vivekanand Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
This Public Interest Litigation (PIL) has been filed by the petitioner, who claims himself to be the Chairman of the Legal Cell of the registered Society, "Support India Welfare Society". One of the objects of the Society is to take up the cause of public importance for its redressal for the marginal sections of the society.
The grievance raised in this Public Interest Litigation is in respect of illegal encroachments over pond measuring area 0.010, 0.010 and 0.013 hectare of Gata No. 172-Ka, total area 0.506 hectare situated at Village - Bhagwati Daspur, Tappa Asnao, Tehsil- Aurai, District Sant Ravidas Nagar, Bhadohi have been made by the land mafias in collusion with the local officials. The said plots are intended to be used for the construction of houses by the respondent nos. 5 to 7. It is stated that in the District - Bhadohi, the land mafias are encroaching upon public utility land, particularly, ponds/water bodies. The petitioner has brought on the record a copy of the revenue record to demonstrate that Gata No. 172-Ka is recorded as pond (Pokhar) (Annexure-1).
It is further stated that the petitioner has filed representation before the respondent no. 2, District Magistrate, Sant Ravidas Nagar, Bhadohi (Annexure-3 to the writ petition) which was decided by him by order dated 25.01.2018 (Annexure-6 to the writ petition).
From the perusal of the order dated 25.01.2018, it transpires that proceedings under Section 67(1) of the U.P. Revenue Code, 2006 are pending against the respondent nos. 5 to 7 for their eviction from the plot in question. Since the appropriate proceedings have been initiated against the unauthorized occupants of the plot in question which is alleged to be recorded as pond (Pokhar), we are of the view that no further is required to be passed in this matter.
Accordingly, the PIL is consigned to record.
Order Date :- 27.11.2019 SA