Ramesh Sinha, J. - (1.) Heard Sri Rahul Kumar Tyagi, learned counsel for the petitioner and Sri A.K. Sand, learned AGA for the State and perused the impugned order as well as material brought on record.
(2.) The relief sought in this petition is for quashing of the administrative order dated 16.11.2017 passed by District Magistrate Ghaziabad, respondent no.2 vide letter no.943 by which the District Magistrate has restrained the petitioner to enter in the boundaries of District Ghaziabad.
(3.) The brief facts of the case which has been stated by the petitioner in his petition is that the petitioner is the President of Bhartiya Praja Party which Regional and Registered Office is situated at Lukshar, Imilia Road, Pargana Dankaur, district Gautam Budh Nagar. The State Government has acquired the land of village Mandola District Ghaziabad for developing the residential colony Mandola Vihar to be developed by Regional Developed Authority i.e. U.P. Awas Evam Vikas Parishad. The authority concern acquired the land of the farmers of the village without releasing compensation and giving them 10% developed land as per direction issued by this Court. It is alleged that the authority concern i.e. U.P. Awas Evam Vikas Parishad has encroached the land of the villagers without fulfilling the demands of them and releasing compensation. Due to the arbitrary act of the Authority concern, Kisan Kalyan Samittee, Mandola, Ghaziabad conducted peaceful protest against the authority concern as well as administrative authorities. The protest of the farmers being a peaceful one, several political leaders and respectable persons of the society tried to settle the matter but instead of settling the matter by way of mutual consent, administrative authorities want to demolish the protest and want to encroach the land of villagers with the help of police and other armed forces. The petitioner who claims to be the leader of the farmers has supported the cause of the farmers apprehending danger to law and order situation which may be created in the district, the District Magistrate, Ghaziabad passed an order on 17.5.2017 u/s 144 Cr.P.C. vide letter no.692 of 2017 restraining the petitioner to enter in the boundaries of the district Ghaziabad. It is stated that after lapse of administrative order dated 17.5.2017, the District Magistrate, Ghaziabad, respondent no.2 again extended the same on 30.6.2017 restraining the petitioner from entering the boundaries of the district after the lapse of the said order again on 15.7.2017 another order was passed by the District Magistrate, Ghaziabad and after lapse of the same again an order was passed on 22.9.2017 u/s 144 Cr.P.C.;