PRAKASH PADIA,J. - (1.) Heard learned counsel for the petitioner. The petitioner has preferred the present Public Interest Litigation (in short PIL) with the following prayers:- "I. to issue a writ order or direction in the nature of mandamus directing to the respondents no. 2 and 3 shall looked and enquire the matter regarding illegal encroachment on the place of Swatantra Sangram Sainani Smarak, situated village-Akhok, Tehsil-Belthra Road, District-Ballia. II. To issue a writ order or direction in the nature of mandamus directing to the respondents no. 2 and 3 to enquire the maintenance account of the said Smarak on which a huge amount has been expense by Gram Pradhan but on the spot nothing has been done, otherwise the petitioner shall suffer irreparable loss and injury."
(2.) After various orders were passed by this Court in the present Public Interest Litigation from time to time. It appears from perusal of the record that a budget has been allocated by the District Administration for maintenance of the smarak. Taken into consideration the aforesaid aspect of the matter a detailed order was passed by this Court on 08.05.2019 is reproduced below:- "The present public interest litigation has been preferred with allegation that the land reserve for Swatantrata Sangram Sainani Smarak situated in Village Akhop, Tehsil Belthra Road, District Ballia has been encroached upon by certain persons and further funds for maintenance have been misused in the matter. The matter was taken up on 11.04.2019 and the Court has proceeded to pass following order:- "This Court on 14.11.2018 has proceeded to pass following order:- "List of additional cause list is revised. None is present for respondent. On 27.9.18 following order was passed. :- "The counsel for the petitioner is permitted to correct the description of respondent nos. 2 and 3 in the array of parties during the course of the day. The grievance of the petitioner in the present writ petition is that the land reserved for Swatantra Sangram Sainani Smarak in village Akhop, Tehsil Belthra Road, District Ballia has been encroached over by certain persons and the Smarak built in memory of freedom fighters and persons who had laid down their lives for the security of the country is not being maintained even though funds for the same are being sanctioned in favour of the Gram Panchayat. It has been stated in the writ petition that despite repeated representations, the revenue authorities and the district administration are not paying any attention to the complaints of the petitioner. The matter relates to a Smarak built in the memory of freedom fighters and soldiers and is, therefore, serious. The Standing Counsel prays for and is granted one week's time to seek instructions in the matter. Put up as fresh on 8th October, 2018." Thereafter, on 24.10.18, the Court has proceeded to pass following order:- "In pursuance of the order dated 27.9.2018 learned standing counsel has placed copy of the instructions, which he has received from Sub Divisional Magistrate, Belthra Road, District Ballia. The contents of the said instructions discloses that the respondent no.4, who is the Gram Pradhan of Village Akhop, Tehsil Blthra Road, District Ballia is taking care and maintenance of the 'Swatantrata Sangram Senani Smarak' situated at Village Akhop. A copy of the letter prepared by the Gram Pradhan is also placed for perusal by the learned standing counsel, which indicates that all the maintenance and constructions work are being carried out by the Gram Pradhan, respondent no.4 by her own amount/money. Per contra, learned counsel for the petitioner has placed reliance of the annexures and photographs, which he has filed along with writ petition, which prima facie indicates and discloses that the construction work is going on at the said Smarak and it is further pointed out by the learned counsel for the petitioner that the Smarak itself is being removed from the site and is lying on the earth as is evident from the perusal of the enclosed photographs. Learned counsel for the petitioner has also placed reliance on the Bank account for the financial year 2016-17 and 2017-18, which indicates that sum of Rs.4,00,000/- and further Rs.10,00,000/- are received by the respondent no.4 under the head of construction and maintenance of Smarak in the financial year 2016-17 and during the financial year 2017-18 again sum of Rs.10,00,000/- are received by the respondent no.4. Matter is serious. There are contradiction in the averments of the writ petition and the reply which is placed through the instructions filed by the learned standing counsel. Matter requires consideration. Put up this case in the additional cause list on 14th November 2018. In the meantime, learned standing counsel may file personal counter affidavit of Sub Divisional Magistrate, Belthra Road, District Ballia. Respondent no.4 is represented by Sri Ramesh Chandra Upadhyay, Advocate. Therefore, no fresh notice is required to be issued. Sri Ramesh Chandra Upadhyay prayed for and is allowed two weeks' time to file counter affidavit of the Gram Pradhan Smt. Sunita Yadav and specific reply is to be filed by the Gram Pradhan with regard to the allegation of financial misappropriation of the funds and under what authority the construction work at the Smarak is started. Let complete record in the proceeding be produced by the learned standing counsel on the next date fixed."
(3.) The above quoted orders clearly indicates that the earlier instructions dated 27.9.2018 have already been considered by this Court and it is only thereafter, when the instructions were found to be not satisfactory, learned Standing Counsel was directed to produce the record on the next date fixed. Today, learned Standing counsel has failed to produce the record as already directed by this Court. Shri Upadhyaya, learned counsel appearing for the Gaon Sabha is not present and no counter affidavit has been filed.;