Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2948 of 2018 Petitioner :- Shiv Parsan Singh Yadav Respondent :- State Of U.P. 9 Others Counsel for Petitioner :- Prem Shankar Sharma Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble B. Amit Sthalekar,J.
Heard Sri Prem Shankar Sharma, learned counsel for the petitioner, Sri M.K. Yadav, learned counsel for the respondent no. 4 and the learned Standing Counsel for the respondents no. 1 to 3.
The petitioner in the writ petition is seeking a direction to the respondents to remove the illegal encroachment from Arazi no. 00127 area 0.9600 hectare situated at Village Sudhana, Pargana Narwan, Tehsil and District Chandauli which according to him is a pond. According to the petitioner the encroachment is over all the plots mentioned in the Arazi, however, there is no categorical averment to that effect. The document filed at page 23 of the writ petition shows that proceedings in respect of plot no. 144 area 0.040 hectare were initiated against the respondent no. 10 under Section 122B of the U.P. Z.A. & L.R. Act in which an order was also passed on 11.4.2011 but it is not known as to what has happened thereafter.
The respondent no. 3 Sub Divisional Officer, Tehsil Chandauli shall enquire into the matter and thereafter take appropriate action and file counter affidavit within two weeks.
List on 14.3.2018.
Order Date :- 22.2.2018 Kirti