Court No. - 6
Case :- WRIT - C No. - 32976 of 2019 Petitioner :- Suresh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Deepak Kumar Jaiswal,Santosh Kr. Singh Paliwal Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Ramesh Chandra Upadhyay as also learned Standing counsel for the State-respondents.
In this petition seeking a writ of certiorari for quashing the order directing eviction of the petitioner from Gaon Sabha land, the following order was passed on 17.10.2019 -
"Heard counsel for the petitioner and learned Standing Counsel for the State respondents.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006.
The grievance of the petitioner is that he has been ordered to be evicted without the proper measurement having been carried out. The petitioner is not in occupation of any Gram Sabha land or public utility land and his construction exists on his own land.
In view of the submissions made, it is hereby provided that in case the petitioner deposits a sum of Rs.15000/- within a period of 10 days from today in the consolidation of Gram Sabha fund, the respondents are directed to ensure that a proper survey is conducted on the basis of fixed points, to determine the plot over which the petitioner's construction ordered to be demolished, actually exist.
This deposit is to be made by the petitioner within a period of 10 days from today and once the deposit is made the survey shall be carried out within a period of 10 days thereafter.
The survey report and the map prepared shall thereafter be brought on record of this writ petition by means of an affidavit on or before the next date fixed.
Put up this matter as fresh on 08.11.2019.
It is also provided that in case the amount indicated above is deposited within the time specified, no coercive steps shall be take against the petitioner till the next date of listing.
In case the deposit is not made within the time specified above, it shall be open for the respondents not only to demolish the construction but also to take coercive steps for recovery of the damages imposed, without further reference to this Court."
The report of the survey directed above is available on record. Counsel for the petitioner states that he is not filing any objection, thereto.
Since, the survey report has not been objected to, it is clear that the petitioner has encroached upon property belonging to the Gaon Sabha.
In the aforesaid facts and circumstances, counsel for the petitioner seeks some reasonable time to remove the encroachment himself.
For this purpose, the Court considers it appropriate to grant the petitioner 10 days time. The petitioner may remove his encroachments within a period of 10 days from today i.e. on or before 09.12.2019.
In case, the encroachments are not removed by the petitioner by that date, the respondents shall be at liberty to remove the encroachments forcibly immediately, thereafter.
Subject to the above, this writ petition stands, dismissed.
Order Date :- 28.11.2019 RKM