Advocates:
['AKHILA NAND PANDEY', 'C S C', '', 'RAMESH CHANDRA UPADHYAY']

Court No. - 23

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3693 of

2018

Petitioner :- Omkar Singh

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Akhila Nand Pandey

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 praying for a writ of

mandamus directing respondent no. 2 to remove the illegal

encroachments made by respondent no. 4 over Plot No. 551,

which the petitioner alleges to be Gaon Sabha property.

However, from the records annexed with the writ petition, it

does not appear that the petitioner has filed any application

before the concerned Assistant Collector, even though under

Section 67 of the Uttar Pradesh Revenue Code, 2006, it is the

Assistant Collector, who is empowered to inquire into matters

relating to encroachments over Gaon Sabha property and pass

appropriate orders for removal of the said encroachments.

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 encroachmen