- (1.) Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents No.1 to 4. Notice on behalf of respondent No.6 has been accepted by Sri M.N. Singh.
(2.) The petitioner by means of this writ petition has challenged the order dated 17.3.2012 passed by the Up-Ziladhikari, Sadar, Azamgarh. The said order directs the petitioner to vacate part of Arazi No.106 which is in his unauthorized occupation for the last two months failing which he would be dispossessed from the same and the expenses for his dispossession shall be recovered from him as arrears of revenue and a first information will be lodged against him under Section 3/5 of the Prevention of Damage to Public Property Act, 1984.
(3.) On the basis of the pleadings exchanged between the parties on record, the aforesaid land is the land of Gaon Sabha recorded as manure pit which cannot be occupied by any person otherwise than with the permission of the Gaon Sabha. The said land is not allotted to the petitioner and that he is in unauthorized occupation of the same.;