Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4384 of 2018 Petitioner :- Vishnu Kumar Yadav @ Surdas Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sachchida Nand Tiwari Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Salil Kumar Rai,J.
The present wrti petition has been filed praying for a writ of mandamus commanding the revenue authorities to remove the alleged encroachments existing over Plot Nos.530 and 817. It has been stated in the writ petition and records have been annexed in support of the said averments that an order dated 19.12.2017 has already been passed by the Assistant Collector in Case No.209 of 2017 registered under Section 67 of the Uttar Pradesh Revenue Code, 2006 directing the occupier of the land to vacate the aforesaid plots. However, it has been stated that no action is being taken by the Assistant Collector to remove the encroachments and the order dated 19.12.2017 has still not been implemented and therefore, the encroacher over the said land is still occupying the same.
It would serve no purpose to keep the writ petition pending. The petitioner may file a representation before the District Magistrate, Kushinagar i.e respondent no. 2 stating the aforesaid facts, who shall decide the said representation within a period of three months from the date of filing the representation. In case the allegations made by the petitioner are found to be true, the District Magistrate shall ensure that the encroachments over Gaon Sabha plot are removed within a period of three months thereafter unless there is any legal impediment in the implementation of the order dated 19.12.2017 passed by respondent no.5.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 18.9.2018 IB