Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1040 of 2019 Petitioner :- Sunil Kumar Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Sanjai Kumar Singh Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Ajit Kumar,J.
In compliance of earlier order of this Court, learned Standing Counsel has obtained instructions and has placed today before this Court, which are taken on record.
Heard learned counsel for the parties.
By means of present writ petition in the form of public interest litigation, the petitioner has prayed for relief for removal of unauthorized encroachment over plot no. 82, area 0.3440 hectares recorded as abadli in the relevant records of the village.
It is alleged that respondent nos. 6 to 9 have made unauthorized encroachments. In the instructions placed before this Court, there is a report of the Sub Divisional Magistrate that appropriate proceedings under Section 67 of the U.P. Revenue Code, 2006 have been initiated against the persons who have made encroachment over the public utility land. The case is registered and 8.6.2019 is the date fixed for the purpose to submit their reply.
In view of above, respondent authorities have proceeded in accordance with procedure prescribed under relevant law for the removal of unauthorized encroachment over public utility land. Therefore, no further order is required to be passed in the matter. Needless to say that authority shall conclude the proceedings expeditiously as possible after giving full opportunity of hearing to the parties who have been issued notice under Section 67 of the U.P. Revenue Code.
The writ petition is accordingly consigned to record.
Order Date :- 29.5.2019 Sanjeev