Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3146 of 2018 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Manoj Kumar Yadav Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Heard Sri Manoj Kumar Yadav, learned counsel for the petitioner, Sri Brij Kumar Yadav, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no.1 to 3.
The petitioner in the writ petition is seeking a direction to the respondents to remove the illegal encroachment of respondent no.5 to 9 from Plot no.172, area 0.121 hectare situated in Gram Sabha Brahimpur Jagir, Paithan Khurd Buzurg, Pargana Kampil, Tehsil-Kayamganj, District Farrukhabad, which according to him is recorded as Pasture land in the revenue records, which was earlier allotted to one Rati Ram son of Mangu Lal and Draupdi Devi wife of Siyaram for plantation but these peoples have permanently occupied the land. It is stated that respondents no.5 to 9 are sons of Late Rati Ram Yadav. Thereafter it appears that the allotment made in their favour has been cancelled by the Sub Divisional Magistrate, Sadar, Farrukhabad in proceedings under Section 198 (4) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 by order dated 02.12.2015. It is stated that subsequently a report was submitted by the Sub Divisional Magistrate, Kayamganj on 04.07.2017 stating that in this regard proceedings were pending before the Court of Collector, Farrukhabad. This information he submits is wrong because the allotment has already been cancelled in 2015.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.3, Tehsildar, Tehsil Kayamganj, District Farrukhabad to enquire into the matter and take appropriate action in accordance with law within a period of two months from the date a certified copy of this order is received in his office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 27.3.2018 N Tiwari