Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 5183 of 2018 Petitioner :- Sonu Maurya Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra,Tariq Maqbool Khan Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Birendra Pratap Singh, learned Standing Counsel for the respondent nos.1 and 2.
With the consent of learned counsel for the respective parties the writ petition is disposed of.
The contention of learned counsel for the petitioner is that the respondent no.4 has illegally encroached the public utility land being Arazi No.252 area 0.328 hectare situate at Village Jagdishpur Tappa Banchara (Silhat), Tehsil Hata, District Kushinagar which is recorded as pokhar (Pond) in the revenue record.
Having heard the learned counsel for the parties, the writ petition is disposed of with direction to the respondent no.2, Sub-Divisional Magistrate, Tehsil Hata, District Kushinagar to proceed in the matter and to find out as to whether the aforesaid plots are meant for the purpose of Gaon Sabha and are illegally used by respondent no.4. In case, the Sub-Divisional Magistrate arrives at a conclusion, an inquiry as required under the provision of Section 67 of the U.P. Revenue Code, 2006 be carried out and finalise within a period of two months.
It is made clear that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
The writ petition is disposed of.
Order Date :- 21.12.2018 A.Kr.*