Neutral Citation No. - 2023:AHC:113301

Court No. - 52

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1158 of 2023

Petitioner :- Manoj Kumar Yadav

Respondent :- State Of U.P. And 7 Others

Counsel for Petitioner :- Om Prakash Vishwakarma

Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi

Hon'ble Kshitij Shailendra,J.

1. Heard learned counsel for the petitioner, learned Standing

Counsel for the State-respondents and learned counsel for the

respondent-gaon sabha.

2. The petitioner has filed this writ petition praying for a direction

upon the State-respondents to remove alleged encroachments

allegedly made by the private respondents over land covered by

Arazi Nos.14/0.0150, 23/0.0120, 26/0.0200, 31.0.0080,

122/0.0160, 151-M/0.0220, 148/0.5400 situated at Village

Jangipur, Tehsil Sadar, District Jaunpur.

3. It would serve no purpose to keep the writ petition pending and,

therefore, it is directed that the petitioner may submit an

application/representation before the Assistant Collector concerned

bringing the relevant facts regarding encroachment over the

aforesaid plots to the notice of the concerned Assistant Collector,

who, if no proceedings under Section 67 of U.P. Revenue Code,

2006 have already been registered in relation to the encroachment

over the aforesaid plots, on receiving said representation, shall

enquire into the allegation made by the petitioner, after registering

the proceedings.

4. The Assistant Collector concerned shall ensure that the alleged

encroachers are arrayed as parties to the representation with

specific details.

5. The Assistant Collector concerned shall follow the procedure

prescribed under Section 67 of the Code as well as Rules 66 and

67 of the U.P. Revenue Code Rules, 2016 and pass appropriate

orders within a period of six months when the aforesaid

representation is filed by the petitioner.

6. In the entire proceedings, full opportunity of hearing shall be

provided to the concerned alleged encroachers and the matter shall

be dealt with strictly in consonance with the ratio laid down by this

Court in Rishipal Singh Vs. State of U.P. and others: 2023 (1)

AWC 4 and in Leellu Vs. State of U.P. and others: 2023 (3) ADJ

97.

7. 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.

8. With the aforesaid directions, the writ petition is disposed of.

Order Date :- 23.5.2023

AKShukla/-

Digitally signed by :-

ANIL KUMAR SHUKLA

High Court of Judicature at Allahabad