Allahabad High Court
Prabhakar Tiwari vs State Of U.P. And 5 Others on 4 August, 2021
Author: Salil Kumar Rai
Bench: Salil Kumar Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1194 of 2021 Petitioner :- Prabhakar Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheetala Prasad Pandey Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Salil Kumar Rai,J.
Heard counsel for the petitioner, the Standing Counsel for respondent nos. 1 to 4 and Shri Sudhir Bharti, Advocate for respondent no.5 i.e., Gaon Sabha.
The petitioner has approached this Court praying for a writ of mandamus directing the respondent authorities to remove the illegal encroachments made by the respondent no.6 over Plot No.1002 which the petitioner alleges to have vested in the Gaon Sabha.
It would serve no purpose to keep the writ petition pending, and therefore, it is directed that petitioner may submit a representation before the Assistant Collector bringing the relevant facts regarding encroachment over the aforesaid plot to the notice of the concerned Assistant Collector who, if no proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have already been registered in relation to encroachment over the said plot, on receiving the aforesaid representation 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 six months from the date when the aforesaid representation is filed by the petitioner. 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 :- 4.8.2021 IB