DAYARAM YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The writ petition which has been filed in the public interest has highlighted the failure of the State to implement the judgment of the Division Bench of this Court dated 28 May 2014 in Om Prakash Varma & Ors Vs State of Uttar Pradesh & Ors Misc. Bench No.6472 of 2012. This judgment of the Division Bench dealt with the serious issue of encroachments on public utility lands, including among them lands which are reserved for parks, ponds and pasture lands which are being increasingly encroached upon in the absence of any remedial action by the State Government. The Division Bench adverted to the judgments of the Supreme Court in Hinch Lal Tiwari Vs Kamla Devi (2001) 6 SCC 496 and Jagpal Singh Vs State of Punjab AIR 2011 SC 1123. The Court formulated detailed guidelines and issued directions, having due regard to the provisions of Section 122 - B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the Rules which have been framed under the said legislation. Comprehensive guidelines have been issued in regard to the discharge of duties by the District Collectors, to initiate proceedings under Section 122 -B and where the proceedings have been concluded, to enforce the orders in accordance with the provisions of the Rules.

(2.) In the present case, the writ petition has highlighted the fact of non - implementation of orders or, as the case may be, failure to conclude the proceedings which have been initiated under Section 122 -B. We may note, at this stage, that Section 122 -B has now been succeeded by the provisions of Section 67 of the Uttar Pradesh Revenue Code -2006 which has recently come into force in the State of Uttar Pradesh.

(3.) The petitioners have annexed two lists at Annexures -14 and 15 to the writ petition. The first list contains a tabulated chart in relation to village Gharwaspur where orders have been passed under Section 122 -B, which according to the petitioners, have not been enforced. The second list contains a tabulated statement in relation to villages Deoria and Baruiya. All three villages fall in the district of Mirzapur.