- (1.) THE grievance in these proceedings is that land bearing Gata No. 521 admeasuring 0.36 hectares, which is situated at Bisalpur, Pilibhit, is being allotted by the District Panchayat for the construction of shops. The petitioner has annexed a copy of the khatauni at annexure -1 to the petition which indicates that Gata No. 521 admeasuring 0.36 hectares is reserved for a road. As a matter of fact, the record would indicate that proceedings under Section 133(1) of the Code of Criminal Procedure 1973 were initiated by the SDM which resulted in an order dated 25 May 2012 (annexure -4). Despite this, a resolution was passed by the District Panchayat and in pursuance thereof a letter of allotment has been issued on 26 July 2014 for the construction of shops.
(2.) PRIMA facie, we find merit in the contention of the petitioner that the description which is contained in the letter of allotment namely of Gata No. 521 admeasuring 0.36 hectares corresponds to the khatauni, in which the land is shown to be reserved for the road. In our view, if the land in question is shown in the revenue records as being set apart for the road, it would be impossible to allow any construction thereon which would obstruct the use of the road by the members of the public. However, we are, at this stage, not expressing a final or conclusive opinion since we are of the view that it would be appropriate to direct the second respondent, who is the District Magistrate, Pilibhit, to have a due enquiry conducted into the grievance of the petitioner. If it is found that the grievance is genuine and that the land, which is earmarked for the road, is being utilized for construction of shops, the District Magistrate shall issue an appropriate direction to redress the grievance of the petitioner and to ensure that his orders are enforced. This exercise, it is needless to state, shall be concluded after due notice to all the affected parties, within a period of two months from the receipt of a certified copy of this order. In the meantime, until the District Magistrate concludes the enquiry and issues appropriate directions or until 30 November 2014, whichever is earlier, necessary steps shall be taken to ensure that the use of the road is not obstructed in any manner whatsoever. Thereafter, the orders of the District Magistrate shall govern and the District Magistrate shall ensure that the utilization of the road is not obstructed in any manner whatsoever.
(3.) THE petition is, accordingly, disposed of. There shall be no order as to costs.;