- (1.) RAKESH Sharma, J. Heard learned Counsel for the parties and perused the record. It is a matter with regard to a village pathway. The dispute with regard to the path is pending in the Lower Court. Learned Counsel for the petitioner has drawn attention of the Court to the order passed by the Consolidation Officer on 25-4- 2006.
(2.) ON the basis of sufficient material on record the Sub- Divisional Magistrate, Patti, District Pratapgarh has found that the petitioner was encroached upon the public passage and causing obstruction in free movement of villagers. He passed the order on 17-2-2005 under Section 133 Cr. P. C. and directed for removal of the encroachment. The Additional Session Judge while entertaining the revision has also appreciated the orders passed by the Addl. District Magistrate Pratapgarh, which indicates that passage/rasta was very old. As per Gaon Sabha resolution the road was being constructed/repaired under Jawahar Rozgar Yojana. The S. D. M. has also considered the report of the Nayab Tehsildar and the local police. It was also indicated in the reports that an old public passage was available for approaching the Shiva temple and Pakka well. Naturally the villagers have a right to move freely to go to the temple and public well using the concerned passage/rasta. As per the report of the S. D. M. and police, the passage was encroached upon by the petitioner. The orders passed by the both the Courts below are detailed, reasoned and speaking orders and no interference is required. The writ petition is dismissed. Petitioners are directed to ensure compliance of the Courts orders after removing the encroachment from the public passage within fifteen days from today.
(3.) THIS Court, after dealing with such matters under Section 133 Cr. P. C. during the last three months, has found that large-scale encroachments have been made on chak roads, public passages, water ponds, temple's land, waqf's land, canal roads and other public places. Several cases have come up before this Court at Allahabad and Lucknow in which large number of such disputes are involved. The concerned Magistrates are occupied to deal with such matters. The Revisional Courts and even this Court are burdened with such petty matters. It appears that the revenue officers are not making regular surveys of the villages, chak roads and other public lands in villages. The concerned revenue authorities are not following the provisions of Revenue Manual and U. P. Z. A. and L. R. Rules and the Circulars issued by the Board of Revenue and the Government from time to time.;