A Public Interest Litigation seeking removal of encroachment on Gaon Sabha land was disposed of as infructuous because the encroachment had already been removed prior to the hearing.
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Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4490 of 2018
Petitioner :- Kamala Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Singh Counsel for Respondent :- C.S.C., ,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Compliance affidavit and supplementary affidavit filed today, are taken on record.
Heard learned counsel for the petitioner and Sri Manoj Kumar Yadav, learned Standing Counsel appearing for Gaon Sabha and perused the record.
Present petition has been filed with a prayer that respondents be directed to remove the illegal encroachment on the Gaon Sabha Land in Gata no.736 Khasra no.644 (play ground) and Gata No. 740 Khasra no. 645 (Hospital) situated at Village Sarauni, Tehsil- Raja Talab, District-Varanasi from the respondent no.5 within the stipulated period.
Pursuant to the order dated 24.10.2018 and 13.11.2018, Sub-Divisional Magistrate has filed his compliance report on behalf of respondent no.2, District Magistrate, District Varanasi indicating therein that the encroachment as alleging the present Public Interest Litigation has been removed. This fact is admitted to learned counsel for the petitioner, however, at this stage learned Standing Counsel pointed out that this Public Interest Litigation was in fact filed after a report dated 10.08.2018. A report under Section 67 of the U.P. Revenue Code, 2006 was given against the petitioner. By means of supplementary affidavit learned counsel for the petitioner has placed a copy of the notice dated 10.08.2018 issued to him under Section 67(1) of the U.P. Revenue Code, 2006 and submits that the entire proceedings against the petitioner is absolutely mala fide, he has no concern with the same and the nature of encroachment has also not been described in the notice.
Be that as it may. This Court is not inclined to go into that dispute as the petitioner has a remedy as admittedly, it is only a show cause notice and petitioner may file his reply to the same.
Insofar as the present Public Interest Litigation is concerned, since the encroachment as on the Gaon Sabha land as described in the prayer clause has been removed, present Public Interest Litigation has become infructuous and accordingly disposed of .
Sri Mangal, the concerned Lekhpal is present today. His presence is noted and since the petition stands disposed of he is not required to appear before this Court.
Order Date :- 19.11.2018 SKG
Kamala Prasad
State Of U.P.
Vivek Kumar Birla
As recorded by the court registry
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