Court No. - 5
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1257 of 2019 Petitioner :- Vinod Vishwkarma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Singh Yadav Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner, Sri Udham Singh, Advocate holding the brief of Sri Manoj Kumar Yadav, learned counsel for the respondent no.6 and learned Standing Counsel for the respondent nos.1, 2 and 3.
With the consent of the learned counsel for the parties, the writ petition is being disposed of.
The allegation of the petitioner is that the respondent nos.4 and 5 have illegally encroached the public utility land and making construction over Gata No.192 area 0.1170 hectare situated at Village Akolhi urf Vishunpura, Post Pandaypura Radhe, Birno, District Ghazipur which is recorded as 'Sadak' (road) in the revenue record.
Learned counsel for the petitioner has placed reliance on the Khatauni, a copy of which is enclosed as Annexure 1to the writ petition.
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 'Sadak' (road) 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 made clear 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 :- 29.5.2019 A.Kr.*