Court No. - 42
Case :- WRIT - C No. - 19746 of 2021 Petitioner :- Yogendra Mani Tripathi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Raja Sahani Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Sudhir Bharti, learned counsel for the respondent-Gaon Sabha and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct the respondent no. 2 and 3 to decide the application dated 24.05.2021 and 08.06.2021, of the petitioner under section 67 of the U.P. Revenue Code, 2006, in respect of land bearing Gata No. 291 and Rakba No. 0.0970 recorded as pond land (Pokhari) and belongs to Gram Sabha land of Gram and Post Baurdi Tiwari, Baitalpur Deoria, within stipulated period.
In view of the aforesaid, it would serve no purpose to keep the writ petition pending, and therefore, it is directed that if the aforesaid proceedings are still pending, the Assistant Collector 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 of production of self- attested copy of this order, which may be verified from the official website of this Court.
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 :- 19.8.2021 Aditya