Court No. - 18
Case :- WRIT - C No. - 11418 of 2021 Petitioner :- Yamuna And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amitabh Tripathi,Dhananjay Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Amitabh Tripathi, learned counsel for the petitioners submits that the petitioners do not wish to press the challenge to the impugned order. They undertake to vacate the encroachment as found in the impugned order.
The only prayer made by Sri Amitabh Tripathi, learned counsel for the petitioners is that the charges/ penalty imposed upon the petitioners may be waived since the petitioners are poor farmers.
Considering the bona fides of the petitioners to vacate the encroachment forthwith, the matter is remitted to the respondent No. 3 Tehsildar/ Assistant Collector (first class) Tehsil Zamania, District Ghazipur to execute the following directions:
The respondent No. 3 Tehsildar/ Assistant Collector (first class) Tehsil Zamania, District Ghazipur shall consider the issue of imposition of penalty upon the petitioners considering the fact that they have voluntarily undertaken to vacate the encroachment and other relevant facts and circumstances of the case.
The writ petition is disposed of.
Order Date :- 13.8.2021 Nadeem Ahmad