PRAKASH PADIA,J. - (1.) Heard Sri Devendra Dhama, learned counsel for the petitioner.
(2.) The petitioner has preferred the present Public Interest Litigation (in short PIL) with the prayer to quash the order dated 22.06.2017 passed by Sub Divisional Magistrate, Padrauna Tehsil Padrauna District Kushi Nagar/respondent no.
(3.) 3. Facts in brief as contained in the writ petition are that Gata No. 251 (0.3970 Hectare) and 391 (0.0650 hectare) in village Barhaj Tappa Pakadi Gagrani, Pargana Sidhuva Jogna Tehsil Padrauna District Kushi Nagar is recorded Pokhari (pond) in Khata Khatauni No. 00543 of 1420-1425 Fasli. The Surendra Singh/respondent no. 9 was elected Pradhan of Gaon Sabha Barhaj Tappa Pakadi Gagrani Tehsil Padrauna District Kushi Nagar for period 1997-2005. Taking advantage of his post during the aforesaid period he permitted his brother Brijendra Singjh/respondent no. 8, respondent nos. 5, 6, 7, 10, 11 and 12 illegally to encroach and take possession of Pokhari (pond) on Gata No. 251 and 391. At this point of time a PIL was preferred by the petitioner before this Court being Civil Misc. Public Interest Litigation No. 1043 of 2017 (Vishwambhar Nath Mall vs. State of U.P. and 11 Others). The aforesaid PIL was disposed of on 11.01.2017. The order dated 11.01.2017 is reproduced below:- "Heard learned counsel for the petitioner, learned Standing Counsel for State-respondents and learned counsel for respondent no. 4. Grievance of the petitioner is that Khasra Plot Nos. 251 and 391 of village Barhaj, Tappa Pakadi Gagrani, Pargana Sidhuva Jogna, Tehsil Padrauna, District Kushi Nagar is pond and also recorded as Pond in the Khatauni but it has been encroached by the respondent nos. 5 to 12 and despite representations dated 07.09.2016 and 06.10.2016 made before the respondent nos. 2 and 3, no action has been taken. Under Section 67 of Uttar Pradesh Revenue Code, 2006, power has been conferred upon the Assistant Collector to prevent wrongful occupation over Gram Sabha land. In view of the aforesaid, the respondent no. 3 is directed to inquire into the matter and take appropriate decision/ action in accordance with law expeditiously, preferably within six months from the date of production of a certified copy of this order along with an application, after affording opportunity of hearing to all the parties concerned. With the observation made above, the writ petition is disposed of without expressing any opinion on merits of the case." ;