JUDGMENT Anjani Kumar, J.
1. 1. By means of present writ petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 8thMay, 1985, quoted on the margin of Annexure-'4' to the writ petition, passed by Additional District Magistrate (E), Robertsganj, Mirzapur and the report of Station Officer In-charge of police station Ghorawal, district Mirzapur on the application moved by the In-charge Medical Officer, Primary Health Centre, Ghorawal, Mirzapur.
2. Learned counsel for the petitioner has made a prayer that he may be permitted to delete Respondents No. 3 and 6, which was granted and the Respondents No. 3 and 6 have been deleted from the array of the parties. Thus, the report regarding service of, notice upon Respondents 3 and 6 is irrelevant, as these two parties have been deleted.
3. The facts leading to the filing of present writ petition are that the petitioner is Bhumidhar of Plot No. 991, area 3 Biswas, 10 Dhoora, situated in village Ghorawal, Pargana Barahar, Tehsil Robertsganj, district Mirzapur and her name has been recorded in C.H. Form No. 45 in Khata No. 63. The Settlement Officer, Consolidation by his order dated 21stDecember, 1983 granted permission to the petitioner to make the constructions on an application moved by the petitioner. The petitioner had also submitted the map sanctioned by the Town Area Authorities. It has been alleged by the petitioner that on the basis of permission granted by the Settlement Officer, Consolidation and the sanctioned map, the petitioner had started the constructions on the land in dispute, as alleged, and completed almost its constructions. On a complaint made by Respondent No. 4, the order impugned has been passed by Respondent No. 2 directing to stop the constructions immediately. The Respondent No. 5 stopped the constructions on the spot on the basis of the order passed by Respondent No. 2.
4. Learned counsel appearing on behalf of the petitioner argued that the application moved by the In-charge Medical Officer, Primary Health Centre, Ghorawal, Mirzapur and the order passed thereupon by the Additional District Magistrate (E), Robertsganj, Mirzapur as well as the report of the Station Officer In-charge, police station Ghorawal, Mirzapur are wholly illegal and without jurisdiction.
5. Learned counsel for the contesting Respondent argued that the order passed by the Additional District Magistrate (E) and the direction complied with by the Station Officer In-charge concerned was in order to maintain law and order and thus, justified. In my opinion, these orders cannot be justified in any provisions of the law. In fact the Respondent No. 2 has no jurisdiction to stop the constructions, unless he comes to the conclusion that the constructions are being raised contrary to the statutory provision. No such provision has been brought to my notice by learned counsel for the contesting Respondent. Same is the position with regard to the alleged high hand ness of the Station Officer In-charge of concerned police station to get the work stopped pursuance to the direction issued by the Respondent No. 2. This Court vide its interim order dated 15thNovember, 1985 permitted the petitioner to go with the constructions and thus I am informed that the constructions must have been completed. Since the orders impugned in the present writ petition are wholly illegal, therefore the writ petition deserves to he allowed. The orders passed by the Respondent No. 2 on the application of the In-charge Medical Officer and the alleged compliance report to stop the work by the Station Officer In-charge of concerned police station deserve to be quashed.
6. In view of what has been stated above, this writ petition succeeds and is allowed. The order dated 8thMay, 1985, Annexure-'4' to the writ petition is quashed. However, on the facts and circumstances of the case, the parties shall bear their own costs.