VIRENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties through virtual mode and perused the record.

(2.) Instant writ petition has been filed in the nature of Public Interest Litigation (PIL) beseeching removal of illegal encroachment made by the contesting respondents no. 5 to 13 over plot no. 521, in pursuance of the order dtd. 5/2/2021 passed by the Sub Divisional Magistrate, Tehsil Karchana, District Prayagraj (Respondent no. 3).

(3.) It is submitted by counsel for the petitioner that plot no. 521 is a public utility land recorded as a 'Pond' in the revenue record which has illegally been encroached by the private respondents. To get the aforesaid plot vacated, the petitioner has initially filed a PIL being PIL No. 2168 of 2019. Aforesaid PIL was finally disposed of vide order dtd. 22/1/2020 (Annexure-4) with a direction to the authority concerned to initiate a proceeding under Sec. 67 of the U.P. Revenue Code, 2006 after enquiring the matter. In pursuance of the said order, the petitioner has moved a representation dtd. 6/2/2020 before the respondent no. 3 who has jotted on the margin of the said application on the same day i.e. 6/2/2020 calling for a report from the Revenue Inspector/Lekhpal/Station Officer with respect to the illegal encroachment as made by contesting private respondents.