1. The present petition has been filed with a prayer for a direction to decide application dated 25.07.2018 submitted by the petitioner before the District Magistrate, Barabanki by reasoned and speaking order.
2. Mr. Mayankar Singh, learned Standing Counsel has tendered compliance affidavit sworn in by Ms. Pragya Singh, Naib Tehsildar, Ram Sanehighat, Barabanki.
Paras 4 and 7 of the counter affidavit are reproduced hereunder:-
"4. That in reply to the contents of paragraph no.3 of the writ petition, it is submitted taht the gata no.350 of Khata No.172 having area 2.009 hectare, situate at Village Tikwamau Pargana Dariyabad Tehsil Ram Sanehi Ghat, Distrirct Barabanki, is registered as pond in the revenue records. The area Lekhpal found in his enquiry that the opposite party no.5 Dost Mohammad has encroached over a portion of pond having area 0.0100 hectare (100 Sqr. Mtr.) from the plot No.350 which is a pond land. On the basis of the said inquiries proceedings under Section 67(1) of U.P. Revenue Code, 2006 has been initiated in the court of Assistant Collector/Tehsildar, Ram Sanehi Ghat, which is still pending.
7. That in reply to the contents of paragraph no.7 of the writ petition, it is submitted that before submitting application dated 25.07.2018 by the petitioner against the opposite party no.5, the proceedings under section 67 (1) of the U.P. Revenue Code, 2006 had already been initiated on 21.06.2017 against opposite party no.5. The said case is registered as T-2017041248021128 which is listed on 30.08.2019 for hearing."
3. In view of the aforesaid, proceedings under Section 67(1) of the U.P. Revenue Code, 2006 have been initiated against the unauthorized occupants/encroachers of the land in question. This contempt petition is finally disposed of with direction to Tehsildar, Ram Sanehi Ghat to decide the case under Section 67(1) of the U.P. Revenue Code, 2006 which is registered as T-2017041248021128 expeditiously preferably within a period of six months and take effective steps to remove the encroachment over the pond land if on determination it is found that the pond land has been encroached upon.
Order Date :- 27.8.2019 prateek