Court No. - 23
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3076 of 2018 Petitioner :- Kadedeen Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Lakshmi Kant Pandey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Salil Kumar Rai,J.
An affidavit sworn by Naib Tehsildar, Tehsil Gyanpur, District Bhadohi filed by the Standing Counsel is taken on record.
The present writ petition has been filed praying for a writ of mandamus commanding respondent nos. 2 and 3 i.e. District Magistrate, Bhadohi and Sub Divisional Magistrate, Bhadohi to remove the illegal encroachments made by respondent nos. 6 to 9 over plot No. 346 which is recorded in the revenue records as pond.
It has been stated in the affidavit filed by the Standing Counsel that all encroachments over the aforesaid plot have been removed by the revenue authorities and the constructions made over the pond land have been demolished. It has also been stated in the aforesaid affidavit that the pond land has been handed over to the Land Management Committee and a possession memo to that effect was prepared, which is annexed to the affidavit filed today.
As encroachments made over the plot No. 346 have already been removed, no further order is required to be passed as the relief claimed in the writ petition stands exhausted. However, as plot No. 346 vests in the Gaon Sabha and under the Uttar Pradesh Revenue Code, 2006, it is the responsibility of the Land Management Committee and its Secretary to ensure that no encroachments are made over Gaon Sabha property, it is directed that in case there is any encroachment over any Gaon Sabha land in future, the Secretary of the Land Management Committee as well as Gram Pradhan shall immediately report the same to respondent nos. 3 and 4 i.e. Sub-Divisional Magistrate, Bhadohi District- Bhadohi and Tehsildar, Tehsil Gyanpur, District- Bhadohi, who shall take appropriate action in accordance with law. In case, the Gram Pradhan or the Secretary of the Land Management Committee fail to report any such encroachment, the authorities concerned shall take appropriate action under the law against the aforesaid persons.
With the aforesaid directions, the writ petition is
disposed of.
Order Date :- 26.7.2018 Sattyarth