The present petition as Public Interest Litigation under Article 226 of the Constitution of India has been filed with following prayer :-
"Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite parties no.1 to 4 to save the 'nature and status' of the 'Gata No.257, 310, 86 and 102 pertaining t the Villlage-Devipur and land gata no.33, 122, 204 and 229 pertaining to Village-Jagannathpur, Block Trivediganj, Tehsil-Haidergarh, Distrcit-Barabanki which is recorded as Chak Marg of Gaon sabha -Devipur, Block Trivediganj, Tahsil-Haidergarh, District-Barabanki, in the interest of justice."
In pursuance to the notice issued in the present petition, counter affidavit of Mr. Ajay Kumar, Naib Tehsildar, Tehsil Haidergarh, District Barabanki has been tendered today in the Court, which is taken on record. Paragraphs 3 and 5 of the aforesaid counter affidavit read as under:-
"3.That before giving parawise reply, it is humbly submitted that demarcation has been done on 15.12.2018 in presence of the Gram Pradhan and villagers regarding Gata No.310, 86/0.035 hectares, 98/0.015 hectares and 102/0.053 hectares of Village Devipur and further demarcation has been made on 29.01.2019 regarding Gata No.257/0.028 hectares in presence of the Gram Pradhan and the villagers and the land has been handed over the Gram Pradhan. No dispute exists on the site.Further, Gata No.310 is not recorded as Chakmarg, the same is recorded in the name of Ambika Prasad and Ramdhan as Sankramaniya Bhukidhar. it is further submitted that the land of Gata NO.33/0.073 hectares, 122/0.053 hectares, 204/0.032 hectares, 229/0.008 hectares of Village jagannathpur, which were chakmarg land has also been handed over to the Gram Pradhan in the presence of the villagers. it is stated that at present there exists chakmarg on the land of Gata No.122/0.080 hectares and there is no encroachment over the said land.
5. That in reply to the contents of paragraph No.4 of the writ petition, it is humbly submitted that Gata No.257/0.028 hectares, 310 (Khatedar), 86/0.035 hectares, 98/0.015 hectares and 102/0.053 hectares of Village Devipur and Gata No.33/0.073 hectares, 122/0.053 hectares, 204/0.32 hectares, 229/0.008 hectares of Vilalge Jagannathpur are recorded as Chakmarg in the revenue record. For kind perusal the Photostat copy of the Khatauni is being filed as Annexure No.CA-1 to this affidavit."
In view of the specific stand taken by the respondents that demarcation was carried out and it has been found that there was no encroachment on the chak marg of land in gatas in question, this petition does not survive and, therefore, disposed of with liberty to the petitioner to approach the competent authority under the relevant provisions of the U.P. Revenue Code, 2006, if he is still have any grievance in respect of the alleged encroachment.
Order Date :- 27.8.2019 Rao/-