Allahabad High Court
Ram Avadh Yadav vs State Of U.P. And 4 Others on 21 January, 2020
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 6 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 94 of 2020 Petitioner :- Ram Avadh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Prakash Rai,Shrinath Counsel for Respondent :- C.S.C.,Krishna Kant Singh Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner and learned Standing Counsel, and perused the record.
With the consent of learned counsel appearing for the parties, this writ petition is being disposed of at this stage in terms of the Rules of the Court.
The petitioner, who claims himself to be a Member of the Gaon Sabha concerned, has filed the present petition for a direction upon the respondents to remove the encroachments made by respondent no. 5 from Gata No. 128, area 0.510 hectare, situated in Village Hariyav, Tehsil Madhuban, District Mau, which is recorded in the revenue records as Pokhari and is a public utility land, and also for a direction upon the respondents to initiate the work of digging and cleaning of the aforesaid pond.
It is contended by learned counsel for the petitioner that against the said illegal encroachment made respondent no. 5, the petitioner has already filed complaint before the District Magistrate and the Sub Divisional Magistrate concerned, but till date the encroachment has not been removed from the said Gaon Sabha land.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, I am of the view that no useful purpose would be served in keeping the writ petition pending when the complaint of the petitioner is itself pending consideration before the authorities concerned. 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 order in accordance with law expeditiously, preferably within a period of four months from the date of production of a 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 over the Gaon Sabha land are removed within a period of one month thereafter unless the order of the 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 :- 21.1.2020 SKT/-