Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4678 of 2018 Petitioner :- Shiv Nath Respondent :- The District Magistrate And 7 Others Counsel for Petitioner :- Shivendra Nath Singh,Dharmaveer Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the parties.
Learned Standing Counsel on the strength of instructions so received by him, which are taken on record states that the proceedings under Section 67 of the U.P. Revenue Code, 2006 had already been initiated.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed seeking direction to the respondents to taken necessary action to remove the encroachment from the Arazi No. 526 area 0.090 hectare situated at village Daulsepur, Tehsil Mohammadabad Gohna, District Mau within stipulated period.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, the authority concerned is directed to conclude the proceedings and pass appropriate orders preferably within a period of three months from the date of production of a certified copy of this order before him. In case the allegations of the petitioner are found to be true the authority concerned shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of authority concerned is stayed by any superior authority or court in any appeal or revision.
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.
Learned counsel for the petitioner further submits that the encroachment on nali is also involved in the present case, which may also be looked into by the authority concerned.
In view of the aforesaid assertions it is provided that while deciding the pending cases under Section 67 of the Code this aspect of the matter may also be looked into and decided by the authority concerned.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 30.10.2018 Lalit Shukla