ADNAN AHMAD Vs. SANA ULLAH

JUDGEMENT

(1.) This is a Public Interest Litigation instituted by the petitioner, who claims himself to be a member of the Gaon Sabha of Village Jairajpur, Tehsil Sagri, District Azamgarh. The prayer made in the present petition is to direct the District Magistrate, Azamgarh to secure the removal of unauthorized occupation and encroachment by the respondent No. 1 from two plots of land, which according to the petitioner is public property vested in the Gaon Sabha. It is urged that the District Magistrate has failed to take any action and, therefore, prejudicial to public interest.

(2.) Shri S.S. Rathore, learned counsel for the petitioner contends that two plots namely plot No. 712 area 0.0180 hectare and plot No. 713 area 0.0310 hectare are entered in the revenue record as land submerged under water and land which is not under cultivation respectively, and therefore, the same being land belonging to the Gaon Sabha cannot be encroached, which is being attempted by the respondent No. 1 -Sana Ullah a resident of the same village.

(3.) We have perused the revenue extract and it appears that plot No. 712 has been entered as an area submerged under water and plot No. 713 has been entered as Banjar (uncultivable land). The provision under which how such encroachments are to be removed at the instance of the Gaon Sabha is provided for in Section 122-B of the U.P.Z.A. & L.R. Act, which is quoted below :