RAVINDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Upon a Public Interest Litigation being filed by the respondent no.7-Narendra Sharma, alleging that the petitioners along with a few other individuals had encroached upon a Gaon Sabha land situate over plot no.348 area 4 bighas and 1 biswa of village Nithari @ Suthari, Pargana and Tehsil Dadri, District Gautam Budh Nagar, an order was passed on 11.7.2016 which is reproduced below :

(2.) Consequently, the District Magistrate, Gautam Budh Nagar issued notices to the petitioners and the others who had allegedly encroached upon plot no.348 and an order was passed on 19.3.2018 by which the District Magistrate directed the Tehsildar, Dadri, District Gautam Budh Nagar to take action against the petitioners and the other alleged encroachers under section 67 of the U.P. Revenue Code, 2006 (the Code) . Thereafter, notices were also issued to the petitioners on Forms-19 and 20. Aggrieved by the order dated 19.3.2018 the instant writ petition has been filed.

(3.) The submissions which were raised by the learned counsel for the petitioners were as follows :