Prabhu Nath vs The State Of U.P. Thru Princ.Secy. ...
2011 Latest Caselaw 4450 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 51372 of 2011
 

 
Petitioner :- Prabhu Nath
 
Respondent :- The State Of U.P. Thru Princ.Secy. And Others
 
Petitioner Counsel :- A.P. Tiwari,A.K. Singh
 
Respondent Counsel :- C.S.C.,D.D. Chauhan
 

 
Hon'ble Syed Rafat Alam,Chief Justice
 
Hon'ble Krishna Murari,J.

We have heard learned counsel for the appellant, learned Standing Counsel for respondents no. 1 to 4 and Sri Ajit Kumar Srivastava holding brief of Sri D.D. Chauhan appearing for respondents no. 5 & 6.

In the instant writ petition filed as a public interest litigation, the petitioner has alleged that respondents no. 7 to 12 have illegally made encroachment over the land belonging to Gaon Sabha.

Learned counsel for the petitioner vehemently contended that the land in dispute being the property of the Gaon Sabha, respondents no. 7 to 12 have no right to encroach upon the same. He further submitted that respondents no. 5 & 6 in connivance with the respondents no. 7 to 12 have also not taken any step for removal of the encroachment.

However, Sri Ajit Kumar Srivastava, learned counsel for the respondents no. 5 & 6 submitted that appropriate steps would be taken in accordance with law for removal of the encroachment.

Considering the submissions and looking to the facts of the case and also keeping in view the provision contained in Section 122-B of U.P. Zamindari Abolition & Land Reforms Act and the rules framed thereunder, we dispose of the writ petition, as agreed to by the learned counsel for the parties, with the direction that in the event the petitioner or the respondents no. 5 & 6 moves an application before the competent authority for removal of the encroachment the same may be considered and appropriate decision be taken after necessary inquiry and report from the concerned authority after affording opportunity of hearing to respondents no. 7 to 12 expeditiously preferably within a period of three months from the date of filing of such application.

With the above directions, the writ petition stands finally disposed of.

Order Date :- 7.9.2011 ( Krishna Murari, J. ) ( S. R. Alam, C.J.)

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