- (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. 1 to 4 to take necessary action against the persons who have encroached the public utility land of gata no.522 which is reserved for grave yard land of gram panchayat jodheypur, pargana Sangipur, Tehsil Lalganj District Pratapgarh.
(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. 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.;