RAMA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) In the instant petition, filed as public interest litigation, the petitioner has invoked the writ jurisdiction of this Court on the allegation that respondent nos. 4 and 5 have encroached upon the Gaon Sabha property and in spite of several efforts made by the petitioner before the administrative authorities including the District Magistrate and the Commissioner of the concerned Division, no steps have been taken to remove the encroachment from the land in dispute. The petitioner, therefore, has made prayer for issuance of a writ of mandamus directing respondent nos. 1 to 4 for removal of the encroachment made over the Gaon Sabha property.

(2.) Learned counsel for the petitioner vehemently contended that the respondent authorities, despite various complaints made by the petitioner along with the villagers of the village in question, failed to take any steps for removal of the encroachment made over the public property. He pointed out from the petition that detailed representations/complaints were filed by the petitioner along with villagers before the District Magistrate, Mau and the Commissioner, Azamgarh Division, Azamgarh, copies whereof are enclosed as Annexures - 5 and 6 to the writ petition, yet it yielded no result and, thus, he has filed the present PIL. It is submitted that Plot Nos. 177 and 178 belong to Gaon Sabha of village Nagpur, Pargana and Tehsil Mohammadabad, District Mau and are recorded as 'Bheeta' in the revenue records.

(3.) On the other hand, learned Standing Counsel appearing for the State-respondents has submitted that it is the duty of the Land Management Committee constituted under the U.P. Panchayat Raj Act to maintain the Gaon Sabha property and in case there is some encroachment, a complete mechanism under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act and the Rules framed thereunder has been provided to remove such encroachment over the Gaon Sabha property which also includes imposition of damages etc. In his submissions, the grievance can be raised before the Land Management Committee itself of which Lekhpal of the circle happens to be the Secretary, who is legally responsible for informing such encroachments over the Gaon Sabha property to the Assistant Collector and the petitioner may raise his grievance before the aforesaid Committee/Local Authority itself, instead of rushing to this Court in its extra-ordinary jurisdiction under Article 226 of the Constitution of India.