Sunita Agarwal, J. - (1.) Heard learned counsel for the petitioner and learned Standing Counsel.
(2.) By means of the present writ petition, the petitioner is seeking a mandamus commanding respondents to return the money deposited by the petitioner in the Government treasury towards auction which was held on 11.11.2016. It appears that the crops standing in Gata No. 2254, 2258M and 2258, which is land of Gram Sabha, was given in the custody of the then Gram Pradhan. A first information report was lodged for dissipation of public property under the Prevention of Damage to Public Property Act. The crop was attached on 3rd November, 2016 and after getting valuation from the District Agriculture Officer, Mainpuri, auction was held on 11.11.2016. The petitioner had participated in the auction and deposited the auction money on 11.11.2016 to the tune of Rs. 31,750/-. The auction was confirmed on 11.11.2016 itself and possession of the auctioned crop has been handed over to the petitioner. On 13.11.2016, the petitioner moved an application before the Sub-Divisional Officer, Tehsil Bhogaon, District Mainpuri stating therein that two miscreants namely Anil Kumar son of Anar Singh and Anar Singh son of Chhote Lal had cut away a portion of the crop illegally in the midnight of 12.11.2016 and 13.11.2016. They have also made effort to damage the standing crop purchased by the petitioner.
(3.) The prayer made in the said application itself was to return the deposit of Rs. 31,750/- made by the petitioner in the Government treasury. It appears that a report dated 19.11.2016 has been submitted by the Lekhpal that Anar Singh son of Chhote Lal and Smt. Uma Singh wife of Anar Singh, whose names have been recorded in the revenue records and whose allotment has been cancelled by the Additional Commissioner (Judicial), Agra Division, Agra by order dated 8.6.2016, had unauthorisedly sown crop in the plots in question which was confiscated and sold in auction. On the complaint made by the petitioner auction purchaser regarding cutting away of the standing crop by these persons, the statements of the applicant/petitioner as also other villagers have been recorded whereby it was found that the standing crop was cut away by those persons who were in illegal possession of the land in question. It is noteworthy that the names of other villagers whose statements have been recorded by the Lekhpal have not been disclosed in the said report. It appears that the report dated 19.11.2016 has been submitted by the Lekhpal only on the statement made by the petitioner.;