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2015 DIGILAW 557 (ALL)

Kailash Chandra Alias Kailash Singh v. State of U. P.

2015-03-25

D.Y.CHANDRACHUD, P.K.S.BAGHEL

body2015
JUDGMENT Pradeep Kumar Singh Baghel, J. The subject matter of the writ petition is land comprised in Gata Nos 435, 438, 440 and 444 of village Vakarampur Charsaura, Pargana Islam Nagar, Tehsil Bisauli, District Budaun. Claiming that the land was of a public utility nature and was in traditional use of the villagers as a pond, the petitioners had filed an earlier writ petition before this Court with the grievance that the persons to whom the pond has been leased out had started the cultivation of paddy, resulting in the obstruction of the use as a pond by the villagers. By an order of this Court dated 14 November 2014, the District Collector, Budaun was directed to look into the grievance expeditiously. Following this order in Public Interest Litigation No 50723 of 2014, the District Collector has passed an order on 10 March 2015 observing that since the patta in respect of the pond had been executed for fishing purposes, it was not permissible to carry out any agricultural operations thereon and that it appeared that the pattadar was, in breach of conditions of allotment, carrying on agricultural operations in some portion of the pond. In this view, the District Collector, Budaun by his order dated 10 March 2015 called for a report from the Sub Divisional Magistrate, Bisauli issuing, inter alia, directions for supurdagi of the standing crops thereon. The Collector is still seized of the matter before whom a report is to be submitted in compliance with the order dated 10 March 2015. 2. In this view of the matter, at this stage, we only direct that the District Collector, who is looking into the entire issue in pursuance of the previous directions of this Court dated 15 November 2014, may take expeditious steps to finalize his decision and thereafter take appropriate steps in accordance with law with all dispatch. The Collector shall, in particular having due regard to the grievance of the petitioners that the standing crops have been cut down in breach of the order dated 10 March 2015, be at liberty to take appropriate action in accordance with law. The petition is, accordingly, disposed of. There shall be no order as to costs.