Advocates:
['RAM PRASAD DUBEY', '', 'MANOJ KUMAR SINGH', 'C S C', '', 'RAMESH CHANDRA UPADHYAY']

Court No. - 23

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3916 of 2018

Petitioner :- Omkar Yadav

Respondent :- State Of U P And 5 Others

Counsel for Petitioner :- Ram Prasad Dubey,Manoj Kumar Singh

Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay

Hon'ble Salil Kumar Rai,J.

Heard counsel for the parties.

The petitioner has approached this Court for a writ of

mandamus directing respondent authorities to remove the

illegal encroachments allegedly made by respondent Nos.

5 and 6 over certain plots which the petitioner alleges to

have vested in the Gaon Sabha. The grievance of the

petitioner as raised in the present writ petition can be

considered under Section 67 of the Uttar Pradesh Revenue

Code, 2006.

The petitioner may submit a fresh representation before

the Assistant Collector bringing the relevant facts

regarding encroachment over certain plots to the notice of

the concerned Assistant Collector, who 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 six 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 court/authority 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 direction, the writ petition is disposed

of.

Order Date :- 13.7.2018

Anurag/-