PREM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State-respondents.

(2.) Simple prayer made in the this public interest litigation is to direct respondents no. 1 to 3, i.e. Principal Secretary, Revenue Department, U.P., Lucknow, Collector/District Magistrate, Azamgarh and Sub Divisional Magistrate, Tehsil Sadar, district Azamgarh to constitute a Committee headed by the District Magistrate, Azamgarh for inquiring into illegal encroachments and illegal occupation of respondents no. 5 to 10 over plot no. 304, which is claimed to be a public pond, situated in Village Telhua Chakwalli, Pargana Chiraiyakot, Tehsil Sadar, District Azamgarh and to get the land vacated from such illegal encroachments.

(3.) After the judgement of the Supreme Court in the case of Jagpal Singh and others vs. State of Punjab and others, 2011 AIR(SC) 1123 followed by some other judgments, upon directions of this Court, the Commissioner-cum-Secretary, Board of Revenue, U.P. Lucknow has issued a circular dated 4th October, 2012. Para-1 of that circular simply refers to certain directions of this Court in a writ petition bearing number 6472 (M/B) of 2012 (Om Prakash Verma & Others vs. State of U.P. and others) and judgements of the Apex Court including that in the case of Jagpal Singh's case , but Para-2 is relevant for the purpose. The same runs as hereunder:-