Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4673 of 2018 Petitioner :- Shivanand Mall And 2 Others Respondent :- State Of U P And 10 Others Counsel for Petitioner :- Amresh Kumar Tiwari,Rajesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and Sri Tariq Maqbool Khan, learned Standing Counsel appearing for State-respondents 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 that respondent no.1, 2 and 3 be directed to remove the illegal encroachment from Gata no. 155 bearing area 0.097 Hec. recorded as Kahlihan in the village in question from the illegal encroachment and possession of trespasser and also restored the boundary of the Khalihan no.155, situated at village in question.
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 :- 30.10.2018 SKG