Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1031 of 2019 Petitioner :- Subhash Pandey Respondent :- State Of U P And 10 Others Counsel for Petitioner :- S.P. Lal Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Ajit Kumar,J.
By means of the present writ petition under Article 226 of the Constitution, the petitioner has approached this Court for alleged encroachment on plot Nos. 351, 355 and 359 which are recorded as chak road by the respondent Nos. 5 to 10.
It is submitted that in spite of the application being made to the concerned Sub-Divisional Magistrate to initiate proper proceedings to get the unauthorized encroachment removed, no action has been taken in the matter till date.
Learned counsel for the petitioner submits that though Sub- Divisional Magistrate had earlier ordered on 25th September, 2017 that the spot inspection be carried out and the land should be ear marked which is as chak road but nothing has been taken.
In view of the above, the writ petition is disposed of with the direction to the Sub-Divisional Magistrate to carry out necessary inspection of the plots in question referred to hereinabove after giving full opportunity of hearing to the parties who have been arrayed respondents in the present writ petition and shall pass appropriate order in accordance with law. The said exercise shall be carried out within a period of three months from the date of production of certified copy of this order.
Order Date :- 29.5.2019 Atmesh