Court No. - 59
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4651 of 2018 Petitioner :- Sanoj Yadav Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Devottam Pandey Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ashok Kumar,J.
Heard learned counsel for the parties.
With the consent of the parties, the writ petition is disposed of at the admission stage.
By means of the present writ petition the petitioner alleges that one Sadanand Mishra has illegally encroached the public utility and Gram Sbha land bearing Gata No. 147 Ka area 0.036 hec. (Pond), Gata No. 147 Kha area 0.1260 hec. (Bheeta), Gata No. 147 Ga area 0.1070 hec. (Ushar) as well as Chak Marg No. 153 and 313 situated in village Bhavanpur, Tehsil Sagri, Post Terahi, Distrit Azamgarh.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid Gata to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said Gata, on receiving the aforesaid representation 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 the date when the aforesaid representation is filed by the petitioner. 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 :- 27.10.2018 S.S.