Court No. - 5
Case :- WRIT - B No. - 2270 of 2021 Petitioner :- Shivsurat Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Achchhey Lal Tiwari Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi AND Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1897 of 2021 Petitioner :- Shambhoo Nath Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amar Nath Pandey Counsel for Respondent :- C.S.C.,Achchey Lal Tiwari,Bhupendra Kumar Tripathi
Hon'ble Siddhartha Varma,J.
Vakalatnama filed today by Sri Amar Nath Pandey on behalf of respondent no.5 be kept on record.
Writ-B No.2270 of 2021 has been filed with a prayer that till such time as the application under section 42-A of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act') filed on 1.9.2021 is decided, no construction etc. be done over plot nos.834 and 839 (new) and plot nos.309/4 and 309/2 (old). It has been submitted that the interim order of the Consolidation Officer dated 1.9.2021 passed on the application filed under section 42- A of the Act be honoured.
Another writ petition being Public Interest Litigation No.1897 of 2021 has been filed in which a prayer has been made that any encroachment which might have been made over plot nos.834, 839, 836, 838 and 840 be removed and be used for the purpose for which they are meant for as per the Form-45.
Without going into the merits of the case, it is directed that the correction application moved under section 42-A of the Act be decided within a period of one month from the date of presentation of a certified copy of this order. When the application under section 42-A of the Act is being decided, the petitioner in Public Interest Litigation No.1897 of 2021 namely Shambhoo Nath Tiwari shall also be allowed to participate in the proceedings. For a period of one month or till the decision of the application under section 42-A of the Act, whichever is earlier, status-quo as of today shall be maintained.
Thereafter if in case the application dated 17.9.2021 is rejected, the proceedings under section 67 of the U.P. Revenue Code, 2006 would be initiated for the removal of the encroachment, if any is found, from over plot nos.834, 839, 836, 838 and 840 and the proceedings shall be concluded within a period of 90 days.
Both the writ petitions are, accordingly, disposed of.
Order Date :- 20.12.2021 GS (Siddhartha Varma, J.)