Court No. - 30

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 229 of 2019

Petitioner :- Kamal Khan

Respondent :- State Of U P And 5 Others

Counsel for Petitioner :- V.K.S. Somvanshi

Counsel for Respondent :- C.S.C.,Amresh Singh

Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner as well as learned Standing

Counsel appearing for the State respondents and perused the record.

Pursuant to the order of this Court dated 28.2.2019 learned Standing

Counsel has produced personal affidavit of District Magistrate, Bareilly.

The same is taken on record.

According to paragraph 5 of the affidavit, proceedings have been initiated

against the encrochers, which are pending. It has been stated that brother

of Rahees Khan had encroached upon the land against whom eviction

order was passed and he was evicted from the land and now brother of

Akbar namely Rahees Khan and other persons have encroached the land

against whom eviction suits are pending.

Present petition has been filed with a prayer to direct the respondents to

ensure removal of unauthorized possession over land of gata no. 111M

area 0.0220 recorded as pasture land situated within the territorial

jurisdiction of village Padarathpur, Tehsil Faridpur, District Bareilly.

In view of the aforesaid, it would serve no purpose to keep the writ

petition pending, and therefore, it is directed that petitioner may submit a

representation before the Assistant Collector bringing the relevant facts

regarding encroachment over the aforesaid plot to the notice of the

concerned Assistant Collector who, if no proceedings under Section 67 of

the Uttar Pradesh Revenue Code, 2006 have already been registered in

relation to encroachment over the said plot, on receiving the aforesaid

representation shall inquire into the allegations made by the petitioner

after following the procedure prescribed under Section 67 of the Uttar

Pradesh Revenue Code, 2006 read with Rule 67 of the Uttar Pradesh

Revenue Code Rules, 2016 and pass appropriate orders within a period of

three months from the date when the aforesaid representation is filed by

the petitioner. In case the allegations of the petitioner are found to be true

the Assistant Collector shall ensure that the encroachments over the Gaon

Sabha land 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 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 :- 1.4.2019

Abhishek