Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 398 of 2019 Petitioner :- Satyendra Kumar Gautam Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Harindra Prasad Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri R.C. Upadhyay, learned counsel has accepted notice for the respondent-Gaon Sabha.
Present writ petition has been filed with a prayer to direct the respondents to remove the illegal encroachment and construction made by the respondent no. 5 and 6 over the public utility land recorded as Khasara (Gata) no. 14 (chak road) area 0.0160 hectare, Khasara (Gata) No. 33 (Chak Road) area 0.1010 hectare, situated at Village Gahni, Pargana Bhadaon, Tehsil Sadar (Maunath Bhanjan) District Mau.
Learned counsel for the parties agree that such encroachment can be removed by the authority concerned in exercise of its powers under Section 26 of the U.P. Revenue Code, 2006.
Accordingly, present writ petition stands disposed of with a direction to the respondent no. 4 Tehsildar, Tehsil Sadar (Maunath Bhanjan) District Mau to look into grievance of the petitioner and if required, take necessary action, in accordance with law, on its own merits, preferably within a period of six weeks from today.
No costs.
Order Date :- 22.2.2019 Abhishek