- (1.) HEARD learned counsel for the petitioner and learned counsel for the respondent.
(2.) THIS writ petition has been filed for issuance of a writ in the nature of mandamus commanding the respondents no. 2 District Magistrate to take necessary action against the illegal encroachment over the Gata No. 276 and 355 ( reserved land of concerned Gram Sabha) situated at village Banipur, Pargana and Tehsil Mankapur District Gonda.
(3.) A Division Bench of this Court in writ petition no 6472(M/B) of 2012 has decided the question of law and facts involved in this writ petition in the following terms : - 1.The District Collectors and other revenue authorities of the district shall ensure that the statutory duty cast on the Land Management Committee and the local authority under Section 122 -B (1) of U.P.Z.A. and L.R. Act and Rule 115 -C (1) and (2) of the U.P.Z.A and L.R. Rules is attended to in all seriousness. 2. The District Collectors shall ensure that Lekhpal of the area concerned attends his duty cast on him under sub -rule (3) of Rule 115 -C of U.P.Z.A and L.R. Rules, inasmuch as, the Lekhpal will report to the Collector, through Tehsildar, all cases of wrongful occupation or damage to; or misappropriation of the wrongful occupation of the gaon sabha property as soon as they come to his notice and in any case after the conclusion of Kharif and Rabi Partal every year. 3. The District Collectors shall also ensure that Tehsildar of the area concerned shall satisfy himself in the month of May every year that each Lekhpal has submitted reports as envisaged under sub -rule (3) of Rule 115 -C of U.P.Z.A and L.R. Rules. 4. The District Collectors are also directed to take action in accordance with the provision of Rule 115 -D in case of failure on the part of Land Management Committee or the local authority, as the case may be. 5. The Assistant Collector, within whose jurisdiction any illegal occupation or damage or misappropriation of gaon sabha land is reported, shall immediately institute the proceedings and conclude the same in accordance with law. The Assistant Collector (who in accordance with para 315 of Revenue Manual is the Tehsildar of the area concerned) shall not only institute the proceedings on information received/application made under Section 122 -B (1) of U.P.Z.A and L.R. Act by Land Management Committee or the local authority concerned but will also act on an application moved otherwise by any person alleging therein illegal occupation on and damage caused to gaon sabha land and will conclude the same in accordance with law with expedition. 6. The District Collectors are also directed to ensure that once the order for eviction or payment of compensation as damages is passed, the same is executed at the earliest, in appropriate cases by using such force as may be necessary. Realization of the amount of compensation for damage, misappropriation or wrongful occupation of gaon sabha land shall also be made from the person concerned as arrears of land revenue expeditiously. 7. So far as the illegal possession of the housing sites alloted to the individuals is concerned, we may refer to the provision contained in Section 122 -D, which provides a complete procedure for restoration of possession of land alloted to any person for the purposes of building of house and on such land any person other than the allottee is in occupation. Under Section 122 -D, as well, the Assistant Collector has been empowered to take action for restoration of the possession to the allottee of the land allotted for housing purpose, if the same is in illegal occupation of any other person. 8. Sub -section (2) of Section 122 -D of U.P. Z.A. and L.R. Act provides that a person having been once evicted under Section122 -D (1) is liable to be punished with imprisonment for a term which may extend to two years and which shall not be less than three months and also with fine which may extend to three thousand rupees. Thus, in case any person re -occupies the land allotted as housing site, after once being evicted, he can be proceeded against by launching criminal prosecution under Section 122 -D (2) of the Act. The District Collectors shall ensure that besides eviction proceedings under Section 122 -D, criminal proceedings are also instituted against such persons. In the aforesaid terms, the writ petition is finally disposed of.;