Allahabad High Court
Chandradev Yadav vs State Of U.P. And 8 Others on 8 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1712 of 2020 Petitioner :- Chandradev Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel assisted by Shri Apurva Hajela, learned Standing Counsel appearing for the State respondents through video conferencing.
In view of the order proposed to be passed, notices need not go to private respondents.
Present writ petition has been preferred for a direction to respondent nos.2 to 4 to restrain respondent nos.5 to 8 for illegal encroachment over Gata No.611 area 0.4570 hect. and Gata No.610Mi area 0.0560 Hect. situated in Village Bharauli, Pargana Gopalpur, Tehsil-Sagari, Distt. Azamgarh, which is recorded in the name of "MELA KA MAIDAN and DEVASTHAN (GARHIWA BABA MANDIR)" respectively and to restore the status of the land in its original nature and for a further direction to respondent no.4 i.e. Asstt. Collector/ Tehsildar, Tehsil Sagari, Dist. Azamgarh to decide the application dated 13.5.2020 to the petitioner within stipulated period.
On the matter being taken up today, learned Addl. Chief Standing Counsel on the basis of instructions apprises to the Court that so far as Gata No.611 is concerned, there is no encroachment over it. Certain encroachment has been found over Gata No.610Mi by respondent no.5 Lautu Yadav son of Late Sonai Yadav and in this regard proceeding under Section 67 of U.P. Revenue Code, 2006 (Code) has also been initiated.
The Court has proceeding to examine the record in question and find that once categorical instructions have been given and proceeding under Section 67 of Code is also on, no interference is required in the matter at this stage. However, it is expected that the said proceeding must be culminated to its logical end expeditiously.
The writ petition is disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.6.2021 SP/