- (1.) Heard learned counsel for petitioner, Smt. Praveen Shukla, learned Standing Counsel for respondent Nos.1 to 3 and Sri Bhupendra Kumar Tripathi, learned counsel for respondent No.4.
(2.) The petitioner has preferred the present public interest litigation with the following prayer:- A Issue a writ, order or direction in the nature of mandamus directing the respondent concern to re-eject and clear the Gram Sabha Land of village Thanagaddi, Tehsil Kerakat, District Jaunpur in pursuance of their previous order dated 04.11.2016. B. Issue a writ, order or direction in the nature of mandamus directing the respondent concern to consider the application dated 24.03.2018 moved by the petitioner and take appropriate action as earlier as possible.
(3.) It is argued by learned counsel for the petitioner that against the illegal encroachment over the Goan Sabha land by certain persons. the petitioner has already approached this Court by filing Writ Petition No.38475 of 2015 (Baj Rang Bahadur Singh @ Bajrangi Singh Vs. State of U.P. and 21 others). The said writ petition was disposed of finally with the following order:- "Heard learned counsel for the petitioner and the learned Standing Counsel. Grievance of the petitioner is that although the proceeding initiated against the respondents no. 4 to 22 under Section 122-B of U.P.Z.A. and L.R. Act for ejectment from over Gaon Sabha property has been finalized and they have been directed to vacate the land but till date the order has not been given effect to and their illegal possession over the property of Gaon Sabha, continues. From the pleadings, we find that the petitioner has made various representations before the authority concerned for execution of the order. One such application dated 09.04.2015 made before the District Magistrate/Collector, Jaunpur, has been filed as Annexure 5 to the writ petition. Once the proceedings under Section 122-B of the U.P.Z.A. and L.R. Act against the private respondent have culminated into order for ejectment, the authorities concerned are under a legal obligation to execute the same and free the Gaon Sabha property from illegal encroachment. However, no useful purpose would be served by calling for a counter affidavit and keeping this writ petition pending, and it would be appropriate that issue may be examined by a fact finding authority. Learned standing counsel states that in case, a representation is made in this regard, the Collector/District Magistrate shall decide the same expeditiously. Considering the facts and circumstances, the writ petition stands disposed of with liberty to the petitioner to make a representation before the Collector/District Magistrate, Jaunpur, respondent no. 2 alongwith certified copy of this order annexing therewith all the relevant documents in support of his claim within a period of two weeks from today with a further direction to the said authority to look into the matter and decide the representation by means of reasoned and speaking order within a further period of four weeks from the date of making of the same.";