Court No. - 19
Case :- WRIT - C No. - 18486 of 2020 Petitioner :- Shiv Prasad Tripathi Respondent :- State Of U.P And 5 Others Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma Counsel for Respondent :- C.S.C.,Pravin Kumar Dwivedi
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is seeking following relief :-
"issue a writ, order or direction in the nature of Mandamus directing/commanding the respondent no.2 and 3 to demolish the illegal encroachment over arazi no.277M situated in village - Brahmpur, Tappa - Rasulpur Pragana - Haveli, Tehsil - Chauri Chaura, District - Gorakhpur and demarcate the Khalihan Land."
In the present case, petitioner has disclosed himself to be a permanent resident of the Village, however, there is nothing on record why the petitioner is aggrieved of the non-compliance of order dated 29.5.2018 passed against the private respondents under Section 122 B of U.P.Z.A. and L.R. Act. Petitioner has not referred any instance where similar proceedings are pending and yet not executed on any part of land of village.
Learned counsel for respondent no.4 has communicated to this Court that during pendency of writ petition, his house has been demolished.
Shri Govind Narain Srivastava, learned Standing Counsel has not able to explain why the orders passed in the above proceedings, in the year 2015 are not executed even after more than six years.
The petitioner has no locus to approach this Court for the prayer that the orders passed in the above mentioned proceedings to which, he is stranger, be executed.
However, the District Collector Gorakhpur is directed to take cognizance of the fact that why the orders passed in the year 2015 are not executed expeditiously and under what circumstances they are executed in haste when the matter was pending before this Court and if necessary, appropriate action be taken against the erring officers.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 27.9.2021 Rishabh [Saurabh Shyam Shamshery, J.]