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Judgment
10 paragraphs · 375 wordsManoj Kumar Tiwari, J
Petitioner is resident of Village Diyodhi, Nanakmatta, District Udham Singh Nagar. He has highlighted the issue of encroachment over public land, in the said village. Petitioner has relied upon a report dated 05.11.2021 submitted by Revenue Sub-Inspector, Balkhera to Sub Divisional Magistrate, Sitarganj. Perusal of the report indicates that certain persons have forcibly started cultivating Government land in the village.
By means of this Writ Petition, the petitioner has sought the following reliefs:-
“i) issue a writ order or direction in the nature of mandamus or any other appropriate writ order or direction, directing action against the illegal encroachers (private respondent no.6, 7, 8, 9, 10 & 11), by forthwith removing their illegal encroachment over the land of Khata No.244, Khasra No.404/2, area 0.822 hectare, recorded as 5(3)(e), (i.e. barren land) situated at village-Diyodi, Sub Tehsil - Nanakmatta, District Udham Singh Nagar.
ii) issue a writ of mandamus or any other appropriate writ order or direction, directing the respondent concern to prosecute and to recover the loss cause to the Govt. by the illegal action of the private respondents no. 6, 7, 8, 9, 10 & 11 for making illegal encroachment over government land.
iii) issue any other writ order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case.
iv) award the cost of the writ petition in favour of the petitioner”
3 Having regard to the facts and circumstances of the case, we direct District Magistrate, Udham Singh Nagar to have a spot inspection done by a Revenue Officer not below the rank of Sub Divisional Magistrate. If it is found that any part of Government land has been encroached, District Magistrate shall take necessary steps for removal of such encroachment, but only after issuing show cause notice to the encroachers and asking them to submit their reply within two weeks.
It shall be open to District Magistrate to pass order for recovery of mesne profits from encroachers, if it is found that they have earned wrongful gain by such encroachment over Government land. The aforesaid exercise shall be completed within a period of six weeks from today.
With the aforesaid direction, the writ petition is disposed of.