- (1.) Sanjay is before this Court with following prayers:- "i. issue an appropriate writ, order or direction commanding and directing the Collector, Maharajganj to evict the illegal encroachment over the chak road No.80 area 0.1170-H occupied by the respondent nos.5 to 7 situated in Village Murera, Tappa Nai Karhi, Tehsil Nichlaul, Police Station Kothibhar, District Maharajganj within stipulated time as fixed by this Hon'ble Court. ii. issue an appropriate writ, order or direction in the nature of mandamus commanding and directing the Collector, Maharajganj to decide the representation of the petitioner dated 7.3.2014 within stipulated time as fixed by this Hon'ble Court. iii. issue any such order and further suitable writ, order or direction in this Hon'ble Court may deem fit and proper in the circumstances of the case and; iv) award the cost of this petition to the petitioner."
(2.) Record in question reflects that during consolidation proceedings, plot No.80 area 0.1170-H situated in village Murera, Pargana Tilpur, Tehsil Nicklaul, District Maharajganj was reserved and earmarked for chak road and after de-notification the same was part of Khata No.88 as Chak road. On the complaint of petitioner, proceedings under Section 122-B of UP ZA & LR Act were initiated against the father of respondent no.5 (since deceased) and the case was registered as Case No.73. The Tehsildar passed an order on 30.8.2011 for ejectment along with damages. Thereafter the chak road in question was opened from illegal possession of Shri Vijay Kumar Pandey. He again encroached the chak road in question. The petitioner proceeded to move an application on 1.3.2012 before the Tehsildar, Nichlaul, Maharajganj, who directed to the Station House officer concerned on 1.3.2012 to register a case under UP ZA & LR Act and IPC against him. In pursuance of the said order dated 1.3.2012, the first information report under Section 447 IPC was registered on 23.9.2012 bearing Case Crime No.592 of 2012. On 23.9.2012 against the private respondents encroached the chak road in question. The petitioner had again proceeded to move an application on 5.10.2012 before the Sub Divisional Magistrate concerned but no action was taken by the revenue authority. Thereafter he moved an application before the District Magistrate, Maharajganj on 7.3.2014 for removing the encroachment and construction on the chak road.
(3.) Learned counsel for the petitioner informs the Court that now U.P. Revenue Act, 2006 is applicable and under Section 67 of U.P. Revenue Act, 2006 a comprehensive procedure has been provided for wherein proceedings can be initiated and suitable orders can be passed to remedy such a situation.;