RAKESH SHARMA,J - (1.) HEARD learned counsel for the petitioners as well as learned Standing Counsel and perused the record.
(2.) IT emerges from perusal of the records that a Writ Petition No. 1611 of 2009, Smt. Triveni Vs. State of U.P. and others was filed in this Court, which was disposed of vide a judgment and order rendered on 21.1.2009. The petitioner in Writ Petition No. 1611 of 2009, Smt. Triveni Devi, had raised a grievance that she had made an application to the District Magistrate, Gautam Buddh Nagar with regard to illegal activities of the respondents, namely, Panna Lal, Chandra Pal, Amar Pal, Moti Lal, Natthi, Babu, Binnami, Shish Pal, Mahesh, Kehar, Banwai and Murari, all reisdents of Village-Rampur Bangar, Tehsil Jewar, District Gautam Buddh Nagar, who were encroaching upon the public utility land, that is, the Chakroad and Drain. The Court had taken note of the submissions put-forth by the petitioner and had directed the Collector, Gautam Buddh Nagar to look into the matter, decide the application of the petitioner and take appropriate action. Accordingly, the District Magistrate, Gautam Buddh Nagar had directed the Sub Divisional Magistrate, Jewar, District Gautam Buddh Nagar to make spot inspection. In pursuance thereof, the Sub Divisional Magistrate, on 13.8.2009 had visited the spot along with a team consisting of the concerned Lekhpal and other Lekhpals, Supervisor Kanunago and the local Police. He had also gone through the revenue records, Sazra and revenue map. On spot inspection, the Sub Divisional Magistrate found that the Gata No. 216 was recorded as Chakroad and Gata No. 217 was recorded as Drain (Nali) in the revenue records. The measurements were carried out by the revenue authorities according to Sazra, Revenue Map of the area and other documents. The team of the revenue officials carried out measurements from the permanent mark and had taken into account the map plan of the area, Sazra, Revenue Map of the Chakroad, Nali and abutting plots. On measurement, the southern side was found in accordance with the revenue map/Sazra, but on the western side, the Chakroad and Drain was found encroached by the petitioners.
(3.) IN accordance with the Survey/spot inspection and the measurements, the Chakroads and Drains were duly defined, marked and restored on the spot and as such the Chakroad and Drainage was put in order. Whatever action was taken by the Sub Divisional Magistrate, Jewar and the District Magistrate, Gautam Buddh Nagar, it was taken in compliance of the order passed by the Court in Writ Petition No. 1611 of 2009. The petitioners were parties to the said writ petition. The impugned order dated 13.8.2009 is, in fact, a consequential order, which has been passed in compliance of the directions contained in the judgment and order passed by this Court. The said action has been taken by the Revenue authorities after making spot inspection, carrying out measurements and demarcation etc. In the circumstances, there appears to be no justification in interfering with such an order, which is a consequential order passed in furtherance of this Court's order.;