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Allahabad High Court · body

2010 DIGILAW 1048 (ALL)

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
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.