Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3646 of 2018 Petitioner :- Zamshed Khan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Viresh Kumar Gupta,Mohd. Nizam Uddin Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
Heard learned counsel for petitioner and learned Standing Counsel for State-respondents.
Counter affidavit sworn by respondent no.5 i.e. Tehsildar, Tehsil-Pholpur, District-Allahabad is taken on record.
Present writ petition has been filed praying for a writ of mandamus directing respondent authorities i.e. respondent nos.2, 3, 4 and 5 to remove the illegal encroachments over Plot No.97, which the petitioner alleges to be a Gaon Sabha property.
In the counter affidavit filed by respondent no.5 it has been stated that after due inquiry certain villagers were found to be in illegal occupation of aforesaid plot. Consequently, Eviction Suit Nos.T201802030205550, T201802030205551, T201802030205553 and T201802030205554 have been instituted against said persons under Section 67 of the Uttar Pradesh Revenue Code, 2006 in the Court of Tehsildar, Tehsil-Pholpur, District- Allahabad.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that the Tehsildar/Assistant Collector i.e. respondent no.5 shall decide aforesaid Eviction Suit Nos.T201802030205550, T201802030205551, T201802030205553 and T201802030205554 within a period of six months from today. In case, the noticee in the said cases are found to be in illegal occupation of aforesaid plot, the Tehsildar/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 also directed that if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.
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 :- 31.7.2018 Manish Himwan