Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 422 of 2019 Petitioner :- Shiv Shankar Patel Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Jaya Nath Patel Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents. Sri Manoj Kumar Yadav has accepted notice for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondents no. 2, 3 and 4 to remove illegal encroachment of the respondents no. 6 to 9 over Arazi no. 454 area 0.2060 Hectare, Arazi no. 455, area 0.2630 Hectare, Arazi no. 456, area 0.0080 Hectare, Arazi no. 457 area 0.3380 Hectare situated at Village Parmal Patti, Pargana Gopalpur, Police Station Newarhiya, Tehsil Mariahu, district Jaunpur, which is registered as Talab, Banjar, Usar (public utility land) in the revenue record of Fasli year 1421- 1426 and to take necessary action against the responsible person and to dispossess the respondents no. 6 to 9 from Arazi no. 454 area 0.2060 Hectare, Arazi no. 455, area 0.2630 Hectare, Arazi no. 456, area 0.0080 Hectare, Arazi no. 457 area 0.3380 Hectare situated at Village Parmal Patti, Pargana Gopalpur, Police Station Newarhiya, Tehsil Mariahu, district Jaunpur, which is registered as Talab, Banjar, Usar (public utility land) in the revenue record of Fasli year 1421-1426 within a stipulated period as fixed by this Court and also direct the respondents no. 2 and 3 to take decision upon the application dated 17.12.2018 moved by the petitioner and some villagers of the said village regarding illegal encroachment over the public utility land by the respondents no. 6 to 9 within a stipulated period as fixed by this Court.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
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 :- 26.2.2019 p.s.