Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4975 of 2018 Petitioner :- Shridhar Respondent :- State Of U P And 11 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Ram Babu Yadav, learned counsel for the respondent-Gaon Sabha and perused the record.
Present petition has been filed with a prayer to direct the respondent no. 2 and 3 forthwith to take action on the application of the petitioner dated 10.7.2018 and 25.10.2018.
Pursuant to order of this Court Smt. Amrita Singh, Sub Divisional Magistrate (respondent no. 4) is present before this Court. A copy of the instructions obtained from respondent no. 2-District Magistrate dated 15.2.2019 filed by the learned Standing Counsel is taken on record.
According to the instructions, nine encroachers have encroached upon arazi no. 17 M/0.038 hectare and proceedings under Section 67 of UP Revenue Code, 2006 have been initiated .
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector 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.
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.
Since present petition has been disposed of, there is no requirement of personal presence of Sub Divisional Magistrate (respondent no. 4).
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 22.2.2019 Abhishek