Court No. - 29
Case :- WRIT - C No. - 38411 of 2019 Petitioner :- Nazabunnesha Respondent :- District Magistrate And 9 Others Counsel for Petitioner :- Anand Pal Singh,Harish Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard the learned counsel for the petitioner.
The petitioner by means of this writ petition is asking for the implementation of the order dated 06.05.2017 of the Revenue Court whereby a direction has been issued under Section 122B of the U.P.Z.A. and L.R. Act, 1901, holding that arazi no.447 situate in Village Chhahu, Police Station Turk Patti, Tehsil Kasya, District Kushinagar is a land of public way and that one Idarish son of Babban has illegally occupied and as such is liable for eviction. Accordingly directions have been issued to get the said land cleared from his possession and to recover the costs. It also appears that despite letters of the Tehsildar Kasya to the Station House Officer of Police Station Turk Patti requisite police force is not being provided for getting the land clear.
In view of the aforesaid facts and circumstances though we are not the implementing authority of the orders of the court below nonetheless as there appears to be encroachment on public property, we direct the District Magistrate, Kushinagar/respondent no.1 to look into the matter.
The writ petition is accordingly disposed of.
Order Date :- 29.11.2019 Shahroz