ASHISH SHARMA Vs. COLLECTOR UMARIA

JUDGEMENT

(1.) This petition was filed by the petitioner in Public Interest and on 24.06.2015 the writ petition was disposed of with various directions which read as under:

(2.) Thereafter reports were submitted by the State Government from time to time indicating the action taken, initially on 4.1.2016 by way of Action Taken Report, it was pointed out that the competent authority has decided to constitute a Joint Team to evaluate the aspects of encroachment. The Team conducted extensive survey of the area and on 19.12.2015 various discrepancies were found which was evidenced in the form of a Panchnama in document No.B, wherein existence of encroachment near Old Bus Stand to N.H.78 Road, Hospital Tiraha to N.H. 78 Road, Gandhi Chowk to Rampuri Tiraha Road and Ranvijay Chowk to N.H.78 Road were indicated and details of about 24 encroachments were pointed out and it was reported that action is being taken for removal of these encroachment. Thereafter on 11.02.2016 I.A. No.1922/2016 was filed seeking four weeks further time to take action for removing the encroachments. It was also indicated in the report vide page No.5 that certain encroachments detailed therein have been removed. In this document removal of about 12 encroachments have been indicated and at page No.6 details of about 13 encroachments which was still in existence were indicated and it was said that efforts are being made for removal of these encroachments after following the due process of law. Subsequently on 17.03.2016 vide I.A. No.3840/2016 another Action Taken Report have been filed along with an affidavit of the Chief Municipal Officer, Municipal Council Umariya and in Annexure R -1 steps taken in the matter of 6 encroachments have been indicated; for example it is indicated that with regard to encroachments made by one Shri C.K. Dubey, which was between Old Bus Stand to N.H.78 Road, the matter is subjudice in the court of Naib -Tehsildar in Revenue Case No. 40/A -68 -2015 -2016, therefore, it was explained till finalization of this revenue proceedings no further action can be taken. With regard to one Kamaal Khan it was indicated that the encroachment had been removed. Similarly details in all the six cases were supplied by the competent authority in Annexure R -1 indicating to what extent encroachments have been removed and to what extent the encroachments could not be removed and the reasons for the same, being pendency of revenue proceedings before various statutory authorities or the courts.

(3.) However, petitioner by filing two applications I.A. No.4079/2016 and another counter affidavit along with this application makes a serious complaint that encroachments have not been removed and with regard to encroachments made by Shri C.K. Dubey and making construction over a Nala, Photographs Annexure P -5 have been filed to say that the contention of the State Government that encroachments have now been removed is not correct. That apart, protection is sought for by the petitioner by saying that one Tehsildar Rakesh Chaurasia have initiated proceedings against the petitioner under Section 248 of MPLR Code. It is stated that petitioner with his mother are staying in the house which is constructed 35 years back and therefore, the authorities are taking action with bias and prejudice against him. Accordingly, complaint now made by the petitioner in I.A. No.4079/2016 and the counter affidavit filed along with the said application are two, one with regard to non -removing of encroachment of C.K. Dubey and another about action taken against the petitioner under Section 248 of MPLRC.