RAJESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner claiming himself to be a bonafide citizen, has filed the present public interest litigation (for short PIL) for removal of encroachment and illegal possession of respondent Nos.6 to 10 from khasra plot No.325/350 area 0.20 decimal, khasra plot No.325/351 area 0.08 decimal and khasra plot No.325/348 area 0.10 decimal of village Pakhanpura, Pargana Kopachit, Garvi, Tehsil Rasara, District Ballia, which according to him were recorded in the revenue records as ''khel ka maidan', ''khalihan' and ''khad ka gaddha' respectively.

(2.) Briefly stated facts of the present case are that by order dated 14.02.1994, the Sub-Divisional Magistrate, Rasara exchanged aforesaid khasra plot No.325/351 area 0.08 decimal, khasra plot No.325/348 area 0.10 decimal and khasra plot No.325/350 area 0.20 decimal, total area 0.38 decimal with plot No.314 area 0.08 decimal, khasra plot No.324M area 0.10 decimal and 324M area 0.20 decimal. Mutation was accordingly made in the revenue records and accordingly the above noted areas of khasra plot No.325/348, 325/350 and 325/351, were recorded as banjar and the exchanged khasra plot No.314 area 0.08 decimal, khasra plot No.324M area 0.10 and khasra plot No.324M area 0.20 were recorded in the revenue records as ''khalihan', ''khad ka gaddha' and ''khel ka maidan' respectively.

(3.) The Land Management Committee, Pakhanpura passed a resolution dated 19.01.1994 and 10.04.1994 for allotment of the aforesaid newly recorded banjar land for residential purposes to 19 persons. The allotments were made by Sub-Divisional Officer by order dated 28.10.1995. After allotment of land for residential purposes, the respondent No.6, 7, 8, 9 and 10 constructed their houses (huts and tinshed) and they are still residing. Undisputedly, the respondent Nos.6 to 10 are landless agricultural labourers and are very poor persons and have no shelter except the aforesaid shelter.