Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3784 of 2018 Petitioner :- Vajihuddin Respondent :- State Of U P And 13 Others Counsel for Petitioner :- Dharmraj Chaudhary Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for petitioner and learned Standing Counsel for State-respondents.
Present writ petition has been filed praying for a writ of mandamus commanding respondent no.3 to remove the illegal encroachments made by respondent nos.6 to 14 over Plot Nos.129, 131 and 132 which the petitioner alleges to be Gaon Sabha property.
Sri B. G. Tripathi, learned counsel appearing for respondent nos.9 to 14 objects that present writ petition is liable to be dismissed on the ground that mandatory disclosure as required under Chapter 22 Rule 3 (A) of Allahabad High Court Rules has not been made by the petitioner in the writ petition.
In the counter affidavit filed on behalf of respondent nos.2, 3 and 4 it has been stated that proceedings under Section 67 of the U. P. Revenue Code, 2006 have already been instituted against respondent nos.6 to 14 in the Court of Assistant Collector/Tehsildar and said proceedings are still pending.
In view of aforesaid, no purpose would be served by deciding the writ petition on the technical ground raised by Sri B. G. Tripathi, learned counsel for respondents. In view of the fact that proceedings under Section 67 of the U. P. Revenue Code, 2006 have been registered in the Court of concerned Tehsildar/Assistant Collector, no orders are required to be passed in the writ petition as the relief prayed in the writ petition stands exhausted. However, from the averments made in the counter affidavit filed by the concerned Tehsildar, it appears that proceedings have only been instituted against respondent nos.6 to 14 even though certain other persons were also found in illegal occupation of Gaon Sabha plots. The concerned Tehsildar/Assistant Collector is directed to inquire into the matter and in case, any person is found to be in illegal occupation of any Gaon Sabha plot including the plots mentioned above, the Tehsildar/Assistant Collector shall after due inquiry register cases against the said persons under Section 67 of the U. P. Revenue Code 2006 and pass appropriate orders in the aforesaid cases.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 31.7.2018 Manish Himwan