Pradeep Kant and Kamal Kishore, JJ. - (1.) HEARD Counsel for the parties. The petitioners being aggrieved by the order of the Sub -Divisional Magistrate, Nawabganj, district Barabanki passed on 29th May, 2001 ordering for demolition of certain constructions which belonged to the petitioners, treating them as encroachment, have approached this Court by means of the present writ petition.
(2.) THE petitioners claim their ownership of the land in question by virtue of purchase through registered sale -deed. The plot in question is numbered as 318 measuring 3 biswas 18 dhurs/0.049 hectares situated at village Faizullahganj within the Municipal Limits of Nagar Palika Parishad, Nawabganj. It has been submitted by the learned Counsel for the petitioners that the matter regarding ownership of the land in question has already been decided by the Civil Court as back as on 25.9.1998 in Regular Suit No. 146 of 1992 in re: Mohammad Saeed and another v. Nagar Parishad, Nawabganj and another. The petitioners raised the following grounds namely viz - (i) without following the provisions of section 211 of U.P. Municipalities Act, 1916; and (ii) without issuing prior notice to the petitioners, no demolition could have effected treating the constructions as encroachment and the Sub -Divisional Magistrate was having no power to pass such an order for demolition, that too, without giving any opportunity to the petitioners.
(3.) A perusal of the impugned order shows that the Sub -Divisional Magistrate acted on some complaint of respondent No. 6 and got some enquiry made before issuing direction for demolition of the construction. He directed the Executive Officer, Nagar Palika Parishad, Nawabganj to comply with the direction regarding removal of the construction and to submit his report. The order of such a nature could not have been passed by the Sub -Divisional Magistrate.;