Vijai Kumar Mishra and another v. State of U. P. Through D. M. Allahabad and others
2010-03-30
ASHOK BHUSHAN, YOGENDRA KUMAR SANGAL
body2010
DigiLaw.ai
Ashok Bhushan and Yogendra Kumar Sangal, JJ. - Supplementary affidavit filed today is taken on record. 2. Heard learned Counsel for the petitioners and learned Standing Counsel. 3. By this writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to comply with the judgment of Hindi Lal Tiwari case in relation to maintenance of Tank. Learned Counsel for the petitioners has pressed the prayer No. 2 only by which a direction to respondent No. 1 has been sought to decide the petitioner's representation dated 27.1.2010 Annexure -3 to the writ petition. 4. Grievance of the petitioner is that respondent Nos. 6 to 12 have unauthorisedly occupied the land of pond being Plot No. 2095-Kha area 2.0200 Hectare. Allegation of the petitioners is that pond has been filled up by the aforesaid private respondents and they have made certain constructions over the pond. The further allegation is that in spite of applications given to the District Magistrate and other authorities, no action has been taken. 5. Under section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, the Assistant Collector is fully empowered to take action against encroacher of the public land. 6. Considering the facts of the case, we dispose of the writ petition with a liberty to the petitioner to bring it into the notice of the Assistant Collector about the encroachment of the public land if any, it is for the Assistant Collector to take appropriate action after giving notice to the respondent Nos. 6 to 12 in accordance with law. 7. The writ petition is disposed of with the above observations. Petition Disposed Of.