1. Notices on behalf of respondent nos. 1 to 4 have been accepted by Sri Shailendra Kumar Singh, learned Chief Standing Counsel, while notice on behalf of respondent no. 5 has been accepted by Sri Dilip Kumar Pandey, Advocate.
2. Present writ petition under Article 226 of the Constitution of India has been filed impugning the orders dated 20-08-2018, 11-05-2018 and 28-02-2018 passed by respondent nos. 2,3 & 4 respectively.
3. Learned counsel for the petitioner submits that the petitioner has not encroached upon the Gaon Sabha land and objections of the petitioner have also not been considered properly. He further submits that if a team of revenue officials may be constituted to make inspection of the land of the petitioner as well as Gaon Sabha land, the position would get clear.
4. Learned counsel for the petitioner further submits that the petitioner is ready and willing to deposit Rs. 15,000/- within a week in the treasury and shall submit a receipt thereof before the Tehsildar, Tehsil-Maholi, district-Sitapur.
5. Considering the aforesaid submissions, the petitioner is directed to deposit Rs. 15,000/- in the treasury within a week and submit a receipt of deposition of the said amount before the Tehsildar, Tehsil-Maholi, district-Sitapur. The Tehsildar, Tehsil-Maholi, district-Sitapur, thereafter, shall constitute a three members team, which shall include a Naib Tehsildar, Revenue Inspector and another Lekhpal, who is not the area lekhpal of that village to prepare a report in respect of the alleged encroachment on Usar Gata No. 1198, situated in village-Katarganj, Pargana and Tehsil-Maholi, district-Sitapur to find out whether petitioner has encroached upon any part of the land in aforesaid gata number.
6. Said report shall be submitted before this court through the learned Standing Counsel on the next date of listing of this petition.
7. List this case after three weeks.
8. Till the next date of listing, no coercive measures shall be taken against the petitioner in pursuance of the impugned orders dated 20-08-2018, 11-05-2018 and 28-02-2018.
Order Date :- 28.10.2021 AKS