VAIBHAV KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The Court has perused the records of Contempt Application (Civil) No.1712 of 2018 which were summoned by the Court by order dated 4.9.2018. The facts of the present case reveal a callous attitude on the part of revenue authorities towards the property rights of a Bhumidar.

(2.) Petitioner is the Bhumidar of Plot Nos. 853, 854 and 855. A Nali existed on Plot No.852 which is adjacent to the plots of the petitioner. A perusal of the revenue map annexed as Annexure-3 to the writ petition shows that there is no Chak road adjacent to the plots of the petitioner. The 'Nali' was constructed for irrigation purposes but it appears from the record that with the consent of the Gram Pradhan of the village, the 'Nali' was converted into a Chak road ostensibly to provide access to certain villagers to their residential plots. However, no order passed by any competent authority permitting such a conversion has been brought to the notice of the Court by the respondents. It is apparent that the conversion of 'Nali' into road was without any authority of law.

(3.) The act of converting the 'Nali' into a Chak road was detrimental to the interest of the petitioner as 'Nali' is used by farmers for agricultural purposes. The petitioner filed a complaint dated 24.9.2013 before the then Deputy District Magistrate, Machhalishahar, District Jaunpur who vide his order dated 24.9.2013 disposed of the complaint of the petitioner stating that the 'Nali' was converted into a Chak road at the instance of the Gram Pradhan and in case the petitioner requires a 'Nali' for irrigation purposes, he may get the same constructed in adjacent plots which, obviously, meant the plots of the petitioner. In his order dated 24.9.2013, the Deputy District Magistrate failed to consider that the conversion of 'Nali' into road was without any authority of law and illegal and, therefore, the conversion was essentially an encroachment over Gaon Sabha plot and as it obstructed the water course, the obstructions were liable to be removed in proceedings under Sections 26 and 67 of U.P Revenue Code, 2006 and previously under Sec. 122-B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as Act, 1950).