PAPPU Vs. STATE OF U P

JUDGEMENT

(1.) THE dispute in the present public interest litigation relates to a plot of land bearing Gata No.1013, ad -measuring 0.028 hectare situated at village Dibani Banjarva Aanshik, Tappa Haveli, Pargana -Sindhuwa Jowna, Tehsil Tamkuhiraj, District Kushinagar. The case of the petitioners, on the basis of the revenue record which is annexed at Anneuxre -2, is that the land is shown as a water body. According to the petitioners, a lease was executed in favour of certain third parties on 26 December 1994. The lease appears to have been the subject matter of a civil suit, Suit No.1573 of 2000 in which, a decree in terms of a compromise was passed on 9 November 2002; the compromise being dated 22 October 2002.

(2.) THE record would indicate that the Additional Collector (Finance and Revenue), Kushinagar initiated proceedings (No.420/400/11) under Section 122 -C of the U.P.Z.A. and L.R. Act, 1950. By an order dated 23 January 2014, the lease was cancelled. Thereafter on 24 April 2014, the Sub -Divisional Magistrate addressed a communication to the Revenue Inspector for the removal of unauthorised encroachment on the land.

(3.) THE writ petition has been filed for the purpose of seeking a mandamus to the second, the third and the fourth respondents for the removal of the possession of the sixth respondent on the land on the ground that it has been reserved for a public utility purpose.