Court No. - 36
Case :- WRIT - C No. - 1772 of 2019 Petitioner :- Vivek Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sachchidanand Srivastava Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Mrs. Sunita Agarwal,J.
Prayer for issuance of writ of mandamus has been made with the assertion that respondent no.2 namely the Collector, Basti has not taken any steps for removal of encroachment on public utility land in plot no.329 measuring 0.0250 hectare situated in village Barahpeda Muisaha, Tappa Gaur, Pargana Basti West, Tehsil Harraiya, District Basti, which is recorded as 'Khalihan' in the revenue records. A perusal of the record indicates that the Sub Divisional Officer, Haraiya, Basti has submitted a report dated 05.11.2018 to the District Magistrate, Basti that notice has been issued to the unauthorized occupants for removal of encroachment within 15 days.
It is not disclosed in any of the paragraphs of the present petition as to what has happened thereafter, rather the learned counsel for the petitioner submits that despite submission of the said report by the Sub Divisional Officer, no notice at all has been issued to respondent no.6 for removal of encroachment. The said assertion of the counsel for the writ petitioner for seeking a writ of mandamus is contrary to the records.
No positive direction as such can be given.
The present petition is found devoid of merits and hence dismissed.
However, it is observed that the respondents shall proceed with the matter in accordance with law.
Order Date :- 29.1.2019 Himanshu