- (1.) HEARD learned Counsel for the parties.
(2.) GRIEVANCE of the Petitioner is that public utility land has been encroached by the private Respondents. Petitioner's counsel has relied upon the judgment reported in, 2009 (108) RD 481 : Panna Lal and Ors. v. District Magistrate, Gautambudh Nagar and Ors. whereby, this Court has observed as under: 7. In these circumstances, the Principal Secretary to Government of U.P., Revenue Department, State of U.P. is hereby directed to issue necessary directions to all the District Magistrates of the State of Uttar Pradesh to ensure that the encroachments on Chakroads , Drains and other Public utility lands etc., are removed immediately after Survey and regular spot inspection by the Revenue authorities. The District Magistrates of the Districts shall direct the Sub -Divisional Magistrates or the Assistant Collectors to act instantly on receiving the complaints regarding encroachments on Chakroads, Drains and Public utility lands etc. and remove the encroachments on Chakroads, Drains and Public utility lands etc. immediately by making spot inspections and after going through the relevant records. The District Magistrates shall also direct the Sub -Divisional Magistrates and Assistant Collectors to decide the disputes/complaints regarding encroachments within a month from the date of receipt of such applications/complaints from any corner and take stringent and strict action with the help of the Police to remove the encroachments. The Sub -divisional Magistrates and the Assistant Collectors shall also make necessary and effective arrangements to stop future encroachments on Chakroads, Drains and Public utility lands by keeping constant vigil. 8. The District Magistrates shall also direct the Sub -Divisional Magistrates and the Assistant Collectors of the Districts that whenever any such complaint is brought to the notice of the concerned Sub -Divisional Magistrate or the Assistant Collector, the concerned Sub -Divisional Magistrate or the Assistant Collector shall take immediate steps in compliance of this Court's order failing which the concerned Sub -Divisional Magistrate or the Assistant Collector shall be held responsible. 9. With the above observations and directions, the writ petition is dismissed. 10. Office is directed to send a copy of this judgment and order to the Principal Secretary to Government of U.P., Revenue Department, State of U.P. to issue necessary directions/orders to all the District Magistrates of the State of Uttar Pradesh for strict compliance of the judgment and order passed by the Court today. In view of the above, we dispose of the writ petition finally directing the Respondents to consider the Petitioner's complaint keeping in view the mandamus issued by this Court in the aforesaid case of Panna Lal (supra), expeditiously say, within three months.
(3.) THE writ petition is finally disposed of.;