Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1061 of 2019 Petitioner :- Sarvesh Kumar Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravi Shankar Vishwakarma,Dipendra Kumar Tripathi Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Ajit Kumar,J.
In compliance of the earlier order of this Court learned Standing Counsel has obtained instructions and has placed the same before this Court, which are taken on record.
By means of the present writ petition the petitioner has prayed for following reliefs:-
"(i). Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.2 and 3 to ensure the protection of the Gaon Samaj land Arazi Nos. 990 Chakroad and 991 Chak Nali situates in Village- Janghai, Tehsil- Handia, District- Allahabad and to comply the order dated 12.10.2012 passed by the respondent No.3 under Section 122- B of U.P.Z.A. & L.R. Act, 1950 illegal obstruction of the respondent Nos. 4 to 5 from the aforesaid land in question."
In the instructions placed before this Court there is a report of Tehsildar and Sub-Divisional Magistrate, Handia dated 29th May, 2019 that the proceedings against unauthorized encroachers have been instituted under Section 122-B of the U.P.Z.A. & L.R. Act, 1950.
In view of the above, no more any cause of action survives to maintain the present writ petition.
However, the proceedings as have been instituted against the persons who are alleged to have encroached upon the public land, shall be concluded as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.
The writ petition, accordingly, stands disposed of.
Order Date :- 31.5.2019 Atmesh