Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2393 of 2021 Petitioner :- Sarvesh Chandra Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta
Hon'ble Siddhartha Varma,J.
Instructions as have been placed today by the learned Standing Counsel be kept on record.
By the impugned order dated 2.12.2021, the toilet which was required to be constructed over plot no.55, had been shifted to plot nos.203 and 204 of the village. Learned counsel for the petitioner submits that since the respondent no.6 was in illegal possession over plot no.55, the State Authorities, only to help the respondent no.6, were shifting the toilet.
Learned Standing Counsel submits that if that is the case, then the petitioner has an efficacious remedy of filing an application under section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as the 'Code').
Under such circumstances, it is directed that if the petitioner files an application within a period of 15 days from today along with a certified copy of this order for removal of encroachment over plot no.55 which according to the petitioner is a Gaon Sabha land, then after treating it to have been filed under section 67 of the Code, the same shall be decided within a period of 90 days thereafter upon hearing the parties concerned, if there is no other legal impediment.
The writ petition is, accordingly, disposed of.
Order Date :- 24.12.2021 GS (Siddhartha Varma, J.)