- (1.) HEARD learned Counsel for the parties.
(2.) THE issue involved in this petition is covered by a Division Bench judgment of this Court (principal seat) in the case of Faujdar Singh Yadav v. State of U.P. and Ors., Public Interest Litigation (PIL) No. 71056 of 2010, delivered on 08.12.2010. In the said case, the Court, after considering the provisions of Section 122 -B of the U.P. Zamindari Abolition and Land Reforms Act, and the judgment of the Supreme Court in the case of Hinch Lal Tiwari v. Kamla Devi and Ors., : (2001) 6 SCC 496, as also the judgments of this Court in Ravindra Nath Pandey v. State of U.P. and Ors., 2010 (1) ADJ 470 (DB), & Adnan Ahmad v. Sanaullah and Ors., 2010 (1) ADJ 448 (DB), observed as under: It would be clear from a reading of the said provision that so far as Section 122 -B (1) is concerned, a complaint can be made by Gaon Sabha or local authority to the Assistant Collector. We find large number of cases where either Land Management Committee or local authority does not move the Assistant Collector or fails to take action. We do not propose to go into the reasons as to the failure on the part of these authorities. Under Sub -section (2), the Assistant Collector on a complaint received or other wise, if he is satisfied, can take action. Thus, this is not as if the Assistant Collector is bereft of power. In this context whatever relevant record the Petitioner produces before the Assistant Collector, may be Khasra, Khatauni or consolidation entry or like which would clearly indicate that the land vests in the Gaon Sabha, the Assistant Collector shall take necessary steps for removing the encroachment. We see no reason as to why the Assistant Collector should not act in the exercise of the statutory power and itself take notice of the encroachment and proceed under Section 122 -B of the Act. As we have noted earlier, many times it appears that since Collectors are not taking notice in spite of the fact that their attention in fact was invited to these facts, we issue direction to the Principal Secretary, Revenue, State of U.P. to bring the judgment to the notice of all the Assistant Collectors to discharge duties under Section 122 -B of the Act and thereafter to consider the complaint as filed and comply with the direction of the Hon'ble Supreme Court and directions as contained in this judgment and judgments mentioned herein above. With the above observations, the petition is disposed of. The Principal Secretary to intimate to the all Assistant Collectors within one month from the date a copy of the judgment is made available. Besides the Standing Counsel, the Registrar General of this Court to also send a copy of this judgment to the Principal Secretary, Revenue, State of U.P. for necessary compliance. In the light of that, this petition is also disposed of in terms of the aforesaid observations made in Faujdar Singh Yadav (supra).
(3.) PETITIONER to serve a copy of this order to concerned authority within two weeks from today.;