- (1.) THE grievance in these proceedings is that an encroachment on land of the Gram Sabha reserved for public utility purpose has not been removed. The land which is described in prayer clause (a) of the writ petition is as follows: - "(a) ... Gaon Sabha Plot No. 357 area .230 Hectare (reserved land of the Gaon Sabha for Holi), Plot No. 358 area .058 Hectare for fertilizer (Khad Ka Gaddha) situated at Mahuwar, Tehsil Kirawali, District Agra"
(2.) THE record indicates that on 16 October 2014, the Sub Divisional Magistrate, Tehsil Kirawali, District Agra, impleaded as the third respondent to these proceedings, had furnished a report to the Collector, Agra stating that an order was passed under Section 122 -B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 on 26 March 2008 but the encroachment has not been removed. A first information report was also lodged on 29 May 2013 as stated in the report.
(3.) HAVING regard to this background, we direct the third respondent to duly verify with due notice to all the affected parties as to whether the order under Section 122 -B of the Act stated to have been passed, continues to hold the field and whether it has been stayed, modified or reversed. Rule 115 -E of the U.P. Zamindari Abolition and Land Reforms Rules, 1952 provides a comprehensive remedy for the enforcement of the order under Section 122 -B of the Act. Subject to due verification by the third respondent as directed above, the third respondent shall act in accordance with law by affording an adequate opportunity to all the affected parties expeditiously. The petition is, accordingly, disposed of. There shall be no orders as to costs.;