Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 386 of 2019 Petitioner :- Vishnu Dutt Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyam Pandey Counsel for Respondent :- C.S.C.,Satyam Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and perused the record.
Learned counsel for the petitioner has supplied a copy of the information slip, according to which notice has been served on Sri Satyam Pandey, learned counsel for the respondent no. 4. Information slip is taken on record.
Present petition has been filed with a prayer to direct the respondent no. 2 to enquire the matter and to take necessary action against the illegal encroachees of gata no. 205 and 588 recorded as ponds in kata khatauni no. 244 and ensure to establish the ponds on their earlier status by removing unauthorized encroachments over the same.
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 :- 26.2.2019 Abhishek