Allahabad High Court
Rampyare Singh vs State Of U.P. And 6 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. - 3635 of 2018 Petitioner :- Rampyare Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kripa Shanker Singh,Gaurav Singh Counsel for Respondent :- C.S.C.,Gaurav Singh,Manoj Kumar Yadav,Ram Kesh Hon'ble Prakash Padia,J.
List has been revised. Nobody is present on behalf of petitioner.
Learned Standing Counsel has accepted notices on behalf of the respondents No.1 to 4.
In view of the order proposed to be passed, notices need not to be issued to the private respondents.
The petitioner has preferred the present Public Interest Litigation with the following main prayers :-
"(i). a writ order or direction in the nature of mandamus directing the respondents to direct the respondents to remove the encroachment of chakroad in village Ahiro Parashurampur, Block Khuthan, Police Station Kheta Sarai, Tehsil Shahganj, District Jaunpur with immediate effect ;
(i-a) a writ order or direction in the nature of mandamus directing the respondents to remove the encroachment of common pathway situated at plot no.248 in village Ahiro Parashurampur, (Anguli), Tehsil Shahganj, District Jaunpur which connect the chakroad in village Tikari Khurd."
A counter affidavit has been filed by the respondent no.3/Sub Divisional Magistrate, Shahganj, District Jaunpur. In paragraph 4 of the aforesaid affidavit, it is stated that the chakroad in question is not recorded as chakroad in the revenue records whereas there is main pathway in the Arazi no.248 of abadi land, in which the respondents no.6 and 7 being their house have made a pit of compost and constructed 2 feet height of one pillar at the side of main pathway. Against the construction of pillar by the respondents no.6 and 7, a case no.60/T201714360104715 under Section 133 Cr.P.C. has been filled in which hearing is going on before the Sub Divisional Magistrate/Up Ziladhikari. The parties have also filed suit before the Civil Court.
In view of the same, Sri Vijay Shanker, learned Standing Counsel contended that no further orders are required to be passed in the present case and due to pendency of the civil suit filed by Ambika Prasad and Ram Pyare in the court below no further action was taken in the matter. The copy of the plaint filed by the aforesaid persons is appended along-with the counter affidavit.
Heard learned Standing Counsel for the respondents No.1 to 4 and perused the record.
It appears from perusal of the record that the petitioner has preferred the present writ petition for removing of the encroachment on the land in dispute. In respect of the same property a civil suit was filed by the alleged encroacher/private respondents being Civil Suit No.965 of 2017 (Ambika Vs. Ram Pyare) and Civil Suit No.973 of 2017 ( Ram Pyare Vs. Ambika). The aforesaid suites are still pending.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid suites namely Civil Suit Nos.965 of 2017 and 973 of 2017 in accordance with law, as expeditiously as possible, certainly after giving opportunity of hearing to the parties concerned provided there is no legal impediment.
Order Date :- 11.2.2020 Pramod Tripathi