Allahabad High Court
Prabhu Narayan Singh vs State Of U.P. And 06 Others on 22 January, 2020
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2225 of 2019 Petitioner :- Prabhu Narayan Singh Respondent :- State Of U.P. And 06 Others Counsel for Petitioner :- Shri Chandra,Shyam Singh Counsel for Respondent :- C.S.C.,Ram Babu Yadav Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents, and perused the record.
Pursuant to order dated 2.12.2019 passed by this court, instructions have been received in the matter. Copy of which has been produced by the learned Standing Counsel and the same has been taken on record.
With the consent of the parties, the writ petition is disposed off without calling for counter affidavit.
On the basis of instructions so received, learned Standing Counsel submitted that in respect of illegal encroachment made by private respondents over Gata No. 191, area 0.830 hectare situated in Village Dohari, Post Shivpuri (Baburi) Bahuar, Shivpur, Chunar, District Mirzapur, which is a Nala belonging to Gaon Sabha/Public Utility Land, proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been initiated against the private respondents and the next date fixed in the matter is 31.01.2020.
Without prejudice to the merits of the case, no useful purpose would be served in keeping the writ petition pending when the proceeding under Section 67 of the Uttar Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh Revenue Code Rules, 2016 is pending before the authority concerned.
Under the alleged facts and circumstances of the case, 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 order within a period of four months from the date of production of certified copy of this order. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments 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.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 22.1.2020 RavindraKSingh