Court No. - 9
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1791 of 2020 Petitioner :- Surajdeen And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of mandamus commanding the revenue authorities to remove the alleged encroachments made by private respondent over Gata Nos. 38, 25, 46 and 214 which the petitioners allege to be a Gaon Sabha property.
In pursuance to the previous orders passed by this Court, the Standing Counsel has received instructions in the matter and on the basis of his instructions, states that there is no encroachment over Plot Nos. 25 & 46 and Plot No. 214 is not in existence and has not been recorded in C.H. Form- 41 and C.H. Form- 45 prepared during the consolidation operations. It has been stated that in relation to encroachments over Plot No. 38, Case Nos. T202102250102355 and T202102250102357 have been registered under Section 67 (1) of the Uttar Pradesh Revenue Code, 2006.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Tehsildar, Tehsil Sadar, District Fatehpur shall decide Case Nos. T202102250102355 and T202102250102357 within a period of six months from today. In case the noticee in the aforesaid cases are found to have encroached over Gaon Sabha property, the Tehsildar shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Tehsildar is stayed by any superior authority or court in any appeal or revision filed against the order of Tehsildar.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioners in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 13.8.2021 Rameez