Panchdhari Singh vs State Of U.P. And 08 Others
2018 Latest Caselaw 2702 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 23
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4331 of 2018
 
Petitioner :- Panchdhari Singh
 
Respondent :- State Of U.P. And 08 Others
 
Counsel for Petitioner :- Ram Suphal Shukla
 
Counsel for Respondent :- C.S.C.,Diwakar Singh
 

 
Hon'ble Salil Kumar Rai,J.

In pursuance to the order dated 10.9.2018 passed by this Court, the Standing Counsel has received instructions and has handed over a copy of the same to the Court which is taken on record.

On the basis of the aforesaid instructions, the Standing Counsel has stated that after survey, encroachments were found over Plot No. 1269Kha and, therefore, proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 have been registered against the persons illegally occupying the aforesaid plot.

Counsel for the petitioner states that the plot is a Nali and because of encroachments over the Nali, certain areas in the village are getting sub-merged because of heavy water logging and, therefore, the proceedings may be decided expeditiously.

It would serve no purpose to keep the writ petition pending, and therefore, it is directed that concerned Assistant Collector, Tehsil-Koraon, District-Allahabad shall decide the cases registered under Section 67 of the Uttar Pradesh Revenue Code, 2006 and pass appropriate orders within a period of three months from the date a certified copy of this order is produced before him. In case the allegations of the petitioner are found to be true the Assistant Collector shall ensure that the encroachments over the Gaon Sabha property 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 also directed that, if the petitioner or any other member of the Gaon Sabha files an application in the case registered before the Assistant Collector, to be heard in opposition to the noticee in the said cases, the Assistant Collector shall afford a reasonable opportunity to the said persons to oppose the defence, if any, taken by the noticee.

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 :- 20.9.2018

Satyam