Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4191 of 2018 Petitioner :- Shiv Prasad Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M.N. Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the respondents revenue authorities to remove the illegal encroachments made by certain persons over Plot Nos. 1293 and 1294, which the petitioner alleges to be Gaon Sabha property. A perusal of the records annexed with the writ petition show that the name of the persons who have been alleged to be in illegal possession of the aforesaid plots was recorded in the revenue records against the aforesaid plots and it also appears that appropriate orders were passed by the consolidation authorities recognizing the Bhumidhari of the said persons over the aforesaid plots. In view of the matter, no writ as prayed by the petitioner can be issued to respondent No. 2 directing him to remove, what the petitioner alleges to be encroachments over the Gaon Sabha plot. However, the petitioner has submitted a representation dated 28.12.2017 before the concerned District Magistrate in this regard. It has been stated in the writ petition that no action or decision has yet been taken by the District Magistrate on the aforesaid representation dated 28.12.2017 submitted by the petitioner.
It is directed that the concerned District Magistrate shall decide the aforesaid representation of the petitioner and pass a reasoned order on the same expeditiously preferably within six months from the date a certified copy of this order is produced before him.
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.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 23.8.2018 Anurag/-