Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2861 of 2018 Petitioner :- Udai Bhan Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Chandra Prakash Mishra Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble B. Amit Sthalekar,J.
Supplementary affidavit, filed today, is taken on record.
Learned counsel for the petitioner is permitted to implead the Tehsildar concerned in the array of parties as Respondent No. 9 during the course of the day.
Heard Sri Chandra Prakash Mishra, learned counsel for the petitioner, Sri Tariq Maqbool Khan, learned counsel for the Gaon Sabha, the respondent no. 3 and learned standing counsel for the respondent nos. 1 & 2.
Petitioner in the writ petition is seeking a direction to ensure the eviction of persons from illegal encroachment made by them over Plot No. 248, area 0.343 hectares situated at Village Sohat, Tehsil Nichlaul, District Maharajganj which is recorded as Pasturage in the revenue record. Extract of revenue record has been annexed as Annexure-1 to the writ petition. In paragraph nos. 2 & 3 of the supplementary affidavit name of the encroachers have been mentioned as Uttim S/o Ram Ugrah and Dhanman S/o Parma both are resident of Sohat, P.S. Thuthibari, Tehsil Nichlaul, District Maharajganj.
No useful purpose would be served in keeping the petition pending.
This writ petition is, therefore, disposed of with a direction to the Respondent No. 4, Tehsildar, Tehsil Nichlaul, District Maharajganj to enquire into the matter and take appropriate action in accordance with law within a period of two months from the date of receipt of a certified copy of this order.
It is made clear that this Court has not adjudicated the claim of the petitioner on the merits of the case.
Order Date :- 22.2.2018 S.K.