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Judgment
Dinesh Kumar Singh, J
The present writ petition as public Interest Litigation has been filed seeking following reliefs:-
"1. Issue an appropriate writ, order or direction in the nature of Mandamus or any other appropriate writ, order or direction thereby directing the respondents no.1 to 4 to demolishing/removing the encroachment on the Gram Sabha land situated at Gata No.3784-Ka mi, Rakba 0.5690 hectare which is registered as Banjar land in revenue records in Khatauni Fasli year 1424-1429 and also the land I Gata No.3722(mi) area of 0.379 hectare as Pasture land in Khatauni Fasli year 1424-1429 at Village Tikari, Pargana and Tehsil Sandila, District Hardoi of the encroachment raised by opposite party no.5 and 6 in the interest of justice.?
Learned counsel for the petitioner has submitted that construction of shops over the Gram Sabha land in Gata No.3784M/0.5690 hectares, which is registered as Banjar land in the revenue record in Khatauni of 1424-1429 Fasli and also in Gata No.3722M/0.379 hectares, which is registered in the revenue record as posture land in Khatauni of 1424-1429 Fasli at Village Tikari, Pargana and Tehsil Sandila, District Hardoi, was encroached upon by opposite party nos.5 and 6, who have constructed the shops at present.
learned counsel for the petitioner has further submitted that on taking notice of the complaint filed by the petitioner, Sub-Divisional Magistrate had ordered the Lekhpal concerned to submit inspection report. In pursuance to the order passed by the Sub-Divisional Magistrate, inspecting report was submitted by the Lekhpa on 20.1.2020. On the basis of the report submitted by the Lekhpal, who had submitted that opposite party nos.5 and 6 had constructed seven shops over the Gram Sabha land, notice was issued to opposite party nos.5 and 6 for demolition and vacating the land on 23.4.2020.
It has also been submitted that FIR No.240 of 2020, under Section 2/3 of Damage to Public Property Act, 1984 was registered on 5.5.2020 at Police Station Kachchauna, District Hardoi. After investigation in the FIR, charge sheet has been filed on 8.9.2020 against opposite party nos.5 and 6 under Section 2/3 2/3 of Damage to Public Property Act, 1984. It is submitted that despite the notice issued, no action has been taken by the Sub-Divisional Magistrate and the matter is still pending.
In view thereof, the present writ petition is disposed of with direction to the Sub-Divisional Magistrate, Tehsil Sandila, District Hardoi to initiate proceedings either under the Public Premises (eviction of Unauthorised Occupants) Act, 1971 or under Section 67 of the U.P. Revenue Code, 2006 for removal of unauthorized encroachment over the Gram Sabha land. The proceedings must get concluded expeditiously, preferably, within a period of four months from the date a certified copy of this order is produced before the Sub-Divisional Magistrate, Tehsil Sandila, District Hardoi.