Hon'ble Manish Mathur,J.
Notice on behalf of opposite party Nos.1 to 4 has been accepted by the learned Chief Standing Counsel.
For the order proposed to be passed in this writ petition, issuance of notice to opposite party Nos.5 to 8 is dispensed with.
The writ petition has been filed seeking following reliefs:-
"(1) issue a writ of Mandamus or writ order or direction in the nature of Mandamus thereby directing the opposite party No.1 to 4 to stop the encroachment and construction over the Gata No.1357/0.2070-H situate in village and reserved for SC/ST category in pursuance of the report dated 24-01-2018 filed by the O.P.No.3/SDM as contained in annexure-1 to the writ petition & interim order dated 04-02-2019 passed by the learned SDM in Case No.D-2017047101087 U/S 66 of U.P. Revenue Code-2006.
(2) issue a writ of Mandamus or writ order or direction in the nature of Mandamus thereby commanding the opposite party No.1 to 4 to get conducted a detailed inquiry regarding misfeasance/action done by the encroachers and in view of interim order dated 04-02-2019 passed in the case and the report, the construction may be restrained and changing of nature of land may be restrained till final dispose of Case No.D-2017047101087 U/S 66 of U.P. Revenue Code-2006 pending before the O.P.No.1 to 3.
(3) issue a writ of Mandamus or writ order or direction in the nature of Mandamus thereby commanding the opposite party No.1 to 4 to keep in mind the representations moved by the petitioners and not alienate or change the nature of the land in question the O.P.No.4 may be directed to take cognizance in the matter and stop the construction/encroachment over the Gata No.1357/0.2070-H reserved for SC/ST category.
(4) issue any order or direction as deemed fit and just by this Hon'ble court in the fact and circumstances of the case."
After hearing parties' counsel and going through the record, the grievance of the petitioners appears to be that in spite of interim order dated 4.2.2019 passed by the Sub-Divisional Officer, Musafirkhana that no construction be carried out on the land at Gata No. 1357 measuring area 0.2070 hectare, the private respondents are raising construction. The petitioners have moved an application dated 21.1.2021 in the pending case under Section 66 of the U.P. Revenue Code, 2006 in the Court of Additional District Magistrate (Judicial), Amethi on which the concerning Station House Officer has been directed to inquire into the matter and submit the report.
We have considered the submissions and gone through the record. We are of the view that the authorities concerned have to ensure compliance of their order. In case construction during pendency of the proceeding under Section 66 of the U.P. Revenue Code, 2006 was made, the same shall not be allowed to be done during pendency of the said proceeding. The petitioners may approach the authorities concerned, who may look into the matter and do the needful.
The writ petition, with the aforesaid observation, is disposed of.
Order Date :- 11.2.2021 lakshman