Court No. - 30
Case :- WRIT - C No. - 38524 of 2018 Petitioner :- Sanjay Singh Respondent :- State Of U P And 9 Others Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C.,Anuj Kumar
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondents no. 1 to 4 and Sri Ajeet Kumar Srivastava holding brief of Sri Anuj Kumar, learned Standing Counsel appearing for respondent no. 10.
Present petition has been filed commanding the respondents no. 1 to 4 to remove the illegal encroachment of Gata No. 435 recorded in revenue record as Khalihan land by the respondents no. 5 to 7.
Perusal records indicates that the proceedings under Section 67(1) of the UP Revenue Code, 2006 have already been initiated.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from.
In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of 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 :- 28.11.2018 SKG