Disposed
Uday Bhan Yadav and Another v. District Magistrate and 12 Others
Allahabad HCWPIL/4748/2018
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Case :- PUBLIC INTEREST LITIGATION (PIL) No.…
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Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4748 of 2018
Petitioner :- Uday Bhan Yadav And Another Respondent :- District Magistrate And 12 Others Counsel for Petitioner :- Rajnarayn Singh Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Ramesh Chandra Upadhyaya, learned counsel for the respondent no.13, and perused the record.
With the consent of the parties, the writ petition is disposed of at the admission stage.
Present petition has been filed with a prayer to direct respondent No.2 to take a needful action against respondent Nos.3 to 12 to remove the illegal encroachment/construction from the land of Gata No.419, 421 and 394/141 (Public Utility Baha land) and 395 (Pond land) of village Muskura, Pargana Ghoshi, Tehsil Maunath Bhanjan, District Mau within the stipulated period as prescribed by this Hon'ble Court.
In view of the aforesaid, 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 three 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 :- 12.11.2018 AKJ
2 provisions across 2 enactments
Uday Bhan Yadav
District Magistrate
Vivek Kumar Birla
As recorded by the court registry
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