Allahabad High Court
Mukesh Kumar [ P.I.L. ] Civil vs State Of U.P., Thru. Prin. ... on 11 August, 2010
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No. - 1 Case :- MISC. BENCH No. - 7733 of 2010 Petitioner :- Mukesh Kumar [ P.I.L. ] Civil Respondent :- State Of U.P., Thru. Prin. Secy.,Revenue & Others Petitioner Counsel :- Dharmendra Gupta Respondent Counsel :- C.S.C.,R.N. Gupta Hon'ble Pradeep Kant,J.
Hon'ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner and the learned counsel for the State.
The pleadings in the writ petition are too short and absolutely vague so as to issue any direction for eviction of private opposite parties who are allegedly said to have taken possession over the pond or the land of Gram Sabha or said to have encroached upon the land of Gram Sabha.
We also feel that unless a strong case is made out, the High Court would be loath in issuing any such direction, particularly when any enquiry or direction issued may result into demolition or may affect the rights of any persons without even being adjudicated upon in the appropriate proceedings. We also find it necessary to observe that if any person encroaches upon or has encroached upon the Gram Sabha land including the pond, it is the legal duty and obligation of the Land Management Committee/Gram Sabha to take appropriate action and the Pradhan or Lekhpal is also obliged to submit a report and initiate appropriate proceedings against such persons. The Sub Divisional Magistrate or the District Magistrate is under legal obligation to see that Gram Sabha land is protected from being encroached upon or misused by any person.
With the aforesaid observations, the petition is dismissed. Order Date :- 11.8.2010 MFA