Petitioner sought a mandatory writ to direct authorities to remove encroachment on a pond in Village Kuranga under Section 67 of U.P. Revenue Code and decide a representation filed. The Court noted no adverse order was passed against the encroacher and did not call for his presence, disposing of the writ petition at the current stage.
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Court No. - 50
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1776 of 2021
Petitioner :- Shiv Govind Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
Heard learned counsel for the parties.
The prayer prayed for reads as follows:-
(i) issue a writ, order or direction in the nature of mandamus commanding the authority concern to take necessary action in pursuance of the order dated 24.01.2020 passed by respondent no. 3 passed in Case No. 00675 of 2018 Computer Case No. T201815510200675 (Gaon Sabha Vs. Ram Vilash), Under Section 67 of U.P. Revenue Code to remove the encroachment of Ponds situated in plot no. 1264 area 0.006 hectare, situated at Village Kuranga, Police Station Doharighat, Tehsil Ghosi, District Mau which is recorded as ponds at relevant revenue record.
(ii) issue a writ, order or direction in the nature of mandamus commanding the Assistant Collector/Tehsildar Ghosi, District Mau/respondent no. 3 to decide the representation dated 05.02.2021 made by the petitioner before him within stipulated period as fix by this Hon'ble Court.
A representation was made by the petitioner on 05.02.2021 and order was passed on 24.01.2021 by the respondent no. 2 for eviction against respondent no. 5 who has encroached the land of Gaon Sabha which is public utility land. The petitioner being member of village Kuranga. If such orders have already passed and the ponds are being encroached which is situated in plot no. 1264, action shall be taken.
The respondent no. 3 shall decide the matter as expeditiously as possible.
We have not passed any adverse order against the respondent no. 5 and also we do not call for his presence.
With these observation writ petition is disposed of at this stage.
Order Date :- 8.11.2021 Vikram
1 issue framed by the court
Whether to direct the authority to take action to remove encroachment on a public utility pond under Section 67 of U.P. Revenue Code.
1 provisions across 1 enactments
Shiv Govind
State Of U.P.
Undisclosed Respondent No. 5
Kaushal Jayendra Thaker
Ajai Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
