Allahabad High Court
Rama vs State Of U P And 7 Others on 11 February, 2020
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3724 of 2018 Petitioner :- Rama Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Rajeshwar Singh Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned Standing Counsel has accepted notices on behalf of respondents no.1 to 4.
The petitioner has preferred the present Public Interest Litigation inter-alia with the following prayers:-
"(i) issue a writ, order or direction in the nature of Cetiorari quashing the impugned order dated 11.04.2018 passed by Respondent no.3 i.e. Assistant Collector/Tehsildar, Tehsil-Gola, District Gorakhpur (Annexure-10 to this writ petition);
(ii) issue a writ, order or direction in the nature of Mandamus commanding the Respondents to restore the pond of the village on its original position situated in Arazi No.81 of Village- Marwatiya, Block, Police Station & Tehsil- Gola, District - Gorakhpur."
From perusal of the record it appears that earlier Public Interest Litigation was filed by the petitioner being Public Interest Litigation No.2794/18. Pursuant to the same, an order dated 11.4.2018 was passed by the Assistant Collector/Tehsildar, Tehsil- Gola, District- Gorakhpur. The aforesaid order dated 11.4.2018 was now challenged by the petitioner. In the aforesaid order dated 11.4.2018 it is stated that the proceedings have already been initiated by the Gram Sabha against the encroachers as provided under Section 67 of the U.P. Revenue Code, 2006. In the counter affidavit filed by the Assistant Collector/Tehsildar, Tehsil- Gola, District- Gorakhpur/respondent no.3, it is stated in paragraph 9 that against the illegal encroachers of Araji No.81 namely Ram Niwas, Ram Khelawan and Mangal cases were initiated under Section 67 of U.P. Revenue Code, 2006 in the court of Tehsildar, Gola, District Gorakhpur as Case No.T201805310701242 (Gram Sabha Vs. Ram Niwas), Araji No.81M/0.003 hectare, Case No.T201805310701244 (Gram Sabha Vs. Ram Khelawan), Araji No.81M/0.004 hectare, Case No.T201805310700809 (Gaon Sabha Vs. Mangal) Araji No.81M/0.003 hectare. The aforesaid cases were decided under Section 67 of the U.P. Revenue Code, 2006 vide its order dated 24.07.2018. By the aforesaid order illegal encroachers were evicted from the land in question by imposing damages.
It is argued by learned counsel for the petitioner that in fact the actual encroachment from the land in question has not been removed till date.
Heard learned counsel for the parties and perused the record.
Without entering into the merits of the case, the writ petition is disposed of permitting the petitioner to submit a fresh representation ventilating all his grievances before the respondent no.2/District Magistrate, Gorakhpur, along with certified copy of this order within a period of three weeks from today. If such a representation is filed, the respondent No.2 will pass appropriate orders on the same expeditiously and preferably within a period of three months thereafter, in accordance with law.
Order Date :- 11.2.2020 Pramod Tripathi