RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Rajeev Misra, for the petitioners and Standing Counsel, for State of U.P. and Sri R.B. Yadav, Standing Counsel for Gram Panchayat and Sri Ashok Kumar Singh, counsel for the objector.
(2.) THIS writ petition has been filed against the order of In -charge District Magistrate dated 12.11.2014, directing the petitioners to remove constructions from plot 25 -M (area 0.164 hectare) of village Chak Sunderpur, tahsil Gyanpur, district Sant Ravidas Nagar Bhadohi, before 17.11.2014, failing which, same would be removed by force, on the ground that plot 25 -M (area 0.164 hectare) of village Chak Sunderpur is talab land.
(3.) IN khata 00169 of khatauni 1416 F - to 1421 F, plots 25/1 (area 5.322 hectare) and 25/3 (area 0.125 hectare) along with other plots were recorded as talab land, in khata 00175, 25 -M (area 0.164 hectare), 48/1 (area 0.089 hectare) and 48/3 (area 0.283 hectare) along with other plots were recorded as abadi, class -6 (2) and in khata 67, plot 25/2 (area 0.379 hectare) was recorded as bhumidhari holding of Mustaq Ali and others. It is alleged that on the spot plot 25 is adjacent to plot 48 in its northern side. The petitioners claim that Land Management Committee of the village has granted patta of plot 48 (area 1 biswa) on 17.10.1980 and vide resolution dated 04.03.1993, regularized their possession over plots 47 -M (area 0 -3 -17 bigha) and 25 -M (area 0 -0 -13 bigha) on payment of Rs. 41,000/ -. The resolution was approved by Sub -Divisional Officer on 11.05.1993, thereafter, the petitioners deposited the aforesaid amount on 03.07.1993. The petitioners have raised constructions and are in possession over the aforesaid land since then. The proceedings under Section 122 -B of U.P. Act No. 1 of 1951 initiated against them were dropped time to time. The petitioners filed Civil Suit No. 294 of 1991, against State of U.P. and Gaon Sabha, for permanent injunction, which was decreed on 20.11.2004. The proceeding for cancellation of patta of the petitioners under Section 198 (4) of U.P. Act No. 1 of 1951, was dropped on 30.06.2007. One Om Prakash Verma filed a writ petition (PIL) i.e. Civil Misc. Writ Petition No. 6472 (M/B) of 2012, for mandamus directing for ejectment of unauthorized occupants and restoring/maintaining talab, land in U.P. In which vide order dated 07.08.2012, direction has been issued to State Government to constitute State/District Level Committees for the purposes of restoring talab land in U.P. as they existed on 01.07.1952. Om Prakash filed an application before Collector Bhadohi for removing encroachments from plot 25 of village Chak Sunderpur. Thereafter, he filed a writ petition (CMWP No. 3074 of 2014) for mandamus to District Level Committee, Bhadohi to remove encroachment from plot 25 of village Chak Sunderpur, which was disposed of, by order dated 20.01.2014 directing to decide application of Om Prakash. Thereafter, he filed Contempt Application (Civil) No. 5453 of 2014, in which notices have been issued to district authorities.;