Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4898 of 2018 Petitioner :- Vinay Bhushan Singh Respondent :- The District Magistrate And 23 Others Counsel for Petitioner :- Shivendra Nath Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri R.C. Upadhyay, learned counsel for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the authorities concerned to take necessary action to remove the encroachment from Arazi No. 174 area 0.2790 hectare, Arazi No. 188 M area 0.4390, Arazi No. 400 area 0.1210, Arazi No. 188 M area 0.4050, which are recorded as Pond and from Arazi No. 168 area 0.0320 hectare, Arazi No. 406 area 0.6500, Arazi No. 173 area 0.0360 hectare, which are recorded as Khalihan in the relevant revenue record situated at Village Bagli Pinjara, Niyamatpur @ Bagli, Post Bagli Pinjara, Tehsil Sadar, District Mau.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation shall inquire into the allegations made by the petitioner after following the procedure prescribed under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 and pass appropriate orders within a period of three months from the date when the aforesaid representation is filed by the petitioner. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha land are removed within a period of one month thereafter unless the order of Assistant Collector is stayed by any superior authority or court in any appeal or revision filed against the order of Assistant Collector.
It is clarified that this Court has not adjudicated upon the merits of the claim as raised by the petitioner in the present writ petition.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 29.11.2018 Abhishek