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2018 Supreme(All) 1900
IN THE HIGH COURT OF ALLAHABAD
SALIL KUMAR RAI, J.
Jay Ram Yadav - Appellant
Versus
State of U.P. - Respondent
Public Interest Litigation (PIL) No. 47760 of 2017
Decided On : 18-07-2018
For the Appellants :Anil Kumar Tiwari, Advocate.
For the Respondents:C.S.C., Manoj Kumar Yadav and Pramod Kumar Pandey, Advocates.
Timely resolution of appeals and proceedings relating to encroachments on Gram Sabha property, and consequential action to remove encroachers if found to be in illegal occupation.
Headnote:
mandamus - encroachments on Gram Sabha property - The court directed the Collector to decide the appeals within a month and to ensure that proceedings relating to encroachments are concluded within six months. If the encroachment is found, the authorities are directed to take consequential action to remove the encroachers within a month thereafter.
Fact of the Case:
The petitioner filed a writ petition seeking a mandamus to remove alleged encroachments made by respondents over a plot of Gram Sabha property. The respondents had filed restoration applications stating that the eviction orders were ex-parte and without giving them an opportunity of hearing.
Finding of the Court:
The court directed the Collector to decide the appeals within a month and to ensure that proceedings relating to encroachments are concluded within six months. If the encroachment is found, the authorities are directed to take consequential action to remove the encroachers within a month thereafter.
Issues: Alleged encroachments on Gram Sabha property, restoration applications filed by respondents, pending appeals before the Collector, and the need for timely resolution of the matter.
Ratio Decidendi: The court emphasized the need for timely resolution of the appeals and proceedings relating to encroachments on Gram Sabha property. It directed the authorities to take consequential action to remove encroachers if found to be in illegal occupation.
Final Decision: The writ petition is disposed of with the directions for timely resolution of appeals and proceedings, and consequential action to remove encroachers if found to be in illegal occupation.
SALIL KUMAR RAI, J.
1. The present writ petition has been filed praying for a writ of mandamus commanding the respondent nos.2 and 3 to remove the alleged encroachments made by respondent nos. 5 to 11 over plot no.205 total area 0.154 hectare situated in village Sonvarsa alias Kasimabad, Pargana Jahurabad, Tehsil Mahmudabad (now Tehsil Kasimabad), District Ghazipur, which is recorded as Khalihan in the revenue record and is a Gram Sabha property.
2. It has been stated in the writ petition that orders dated 24.12.2007 and 30.11.2007 were passed by the concerned Assistant Collector, against the aforesaid respondent nos. 5 to 11 holding that the said respondents are illegal in occupation of the Gram Sabha property, and consequently the said respondents were directed to evict from the aforesaid plot.?
3. From a perusal of the counter affidavit filed by the learned Standing Counsel on behalf of respondent nos. 5 to 11, it is also evident that restoration applications were filed by respondent nos. 5 to 11 before the Assistant Collector, Ghazipur stating that the orders dated? 24.12.2007 and 30.11.2007 passed under Section 122-B of U.P.Z.A & L.R. Act were ex-parte orders, and passed without giving any opportunity of hearing to the aforesaid respondents and on the said restoration applications Case Nos. 00779/2018, 777/2018 and 782/2018 were registered in the Court of the Assistant Collector but the said cases were dismissed by the Assistant Collector vide his order dated 16.02.2018.
4. Against the aforesaid order dated 16.02.2018 passed by the Assistant Collector dismissing the restoration applications filed by the respondent nos. 5 to 11, respondent nos.5 to 11 filed appeals before the Collector, District Ghazipur and the said appeals are still pending. The aforesaid facts are evident from the inquiry? dated 16.07.2018 issued by the office of the Assistant Collector, District Ghazipur. The certified copies of the inquiries have been handed over to the Court by the counsel for the respondent nos. 5 to 11, which is being taken on record.?
5. In view of fact that appeals against the order of eviction passed by the Assistant Collector, Ghazipur have been filed by the respondent nos.5 to 11, it would serve no useful purpose to keep the writ petition pending. However, the Collector, District Ghazipur is directed to decide the aforesaid appeals within a period of one month from the date a certified copy of this order is produced before him by either of the parties. In case, the Collector, Ghazipur is of the opinion that the orders dated 24.12.2007 and 30.11.2007 or the order dated 16.02.2018 passed by the Assistant Collector, Ghazipur are liable to be recalled and the matter should be remanded back to the Assistant Collector to pass fresh orders in accordance with law after giving an opportunity of hearing to the aforesaid respondents, the Assistant Collector shall decide the aforesaid cases registered against respondent nos. 5 to 11 under Section 122-B of the U.P.Z.A. & L.R. Act, 1950 or under Section 67 of the Uttar Pradesh Revenue Code, 2006 within a period of three months from the date of remand by the Collector. The Collector, Ghazipur, respondent no.2, is directed to ensure that proceedings relating to encroachments over plot no.205 registered under Section 122-B of the U.P.Z.A. & L.R. Act, 1950 or under Section 67 of the Uttar Pradesh Revenue Code, 2006 against the respondent nos. 5 to 11 including any appeal or revision filed against the final order of the Assistant Collector shall be concluded within a period of six months from today. In case, it is found by the concerned authorities, i.e., the Assistant Collector or the Collector that respondent nos. 5 to 11 are in illegal occupation of the property, the said authorities shall take consequential action to remove the said encroachers within a period of one? month thereafter.
6. With the aforesaid directions, the writ petition is disposed of.
