Ajai Lamba, J. - (1.) The following main prayer has been made in this petition:- Issue a writ, order or direction in the nature of Mandamus Commanding the opposite parties No. 1 to 4 to initiate steps to vacate the land Gata No.2474/0.2530 recorded as Khalihan in the revenue records and Gata No 2475/0.0630 hectare recorded as Khad ka Gaddha in the revenue records situated at Village Naudhiya, Pargana - Rampur, Tehsil Lalganj, District Pratapgarh, vacated from encroachers within a stipulated time as this Hon'ble Court may deem fit. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties No. 1 to 4 to direct the O.P.no. 5 and 6 not to make any construction over the land in question which is recorded as Khalihan and Khad ka Gaddha, situated at Village Naudhiya, Pargana Rampur, Tehsil-Lalganj, District Pratapgarh.
(2.) Order dated 5.4.2019 notices the gist of the issue. The order is extracted here-below for brevity shake:- "1. The petition seeks issuance of a writ in the nature of mandamus directing respondent nos.1 to 4 to take steps to vacate land comprising Gata No.2474/0.2530 recorded as Khalihan and Gata No.2475/0.0630 hectare recorded as Khad Ka Gaddha in the revenue record, situated at village Naudhiya, Pargana Rampur, Tehsil Lalganj, District Pratapgarh. 2. Gist of the issue appears to be that Gram Sabha land (Khalihan) was unauthorizedly occupied. Order Annexure-8 dated 10.02.2015 was passed by Assistant Collector-Tehsildar (Judicial), Lalganj, Pratapgarh. The order records that as per report furnished by Lekhpal dated 27.08.2014 notices were issued as per Rules and were served. Lekhpal in his report has clarified that respondent Ram Abhilakh son of Sukhraj, resident of village Naudhiya, Pargana Rampur, Tehsil Lalganj had taken possession of land comprised in Gata no.2474, measuring 0.012 hectares and has constructed his house thereupon. He be dispossessed and damages be claimed. Order Annexure-8 further clarifies that Assistant Collector conducted spot inspection along with the counsel. On ground unauthorized possession has been found on the land in dispute. As per directions of the High Court, Khalihan land is required to be maintained and, therefore, in compliance thereof the respondent be dispossessed. 3. Considering the contents of Annexure-8 the following order was passed on 23.07.2015: "Heard Sri Ashok Kumar Yadav, learned counsel for petitioner as well as learned Standing counsel. The order passed under Section 122-B UPZA and LR Act on 10.2.2015 has not been complied with by the Tehsildar, Lalganj, District Pratapgarh. There is duty cast upon the authorities to pass appropriate orders in accordance with law to implement the above order. Let Tehsildar, Lalganj, District Pratapgarh, opposite party no.4, appear before this Court on 3.8.2015 to explain the delay which is being caused on his part. List on 3.8.2015 as fresh." 4. It appears that the Tehsildar appeared before this Court in deference to above extracted order. The following order was passed on 03.08.2015: "In compliance of the order of this Court, Tehsildar, Lalganj, District Pratapgarh is present before this Court. He has informed that the order dated 11.02.2015 has been stayed on 18.05.2015 by the Tehsildar on an application for recall. Let counter affidavit be filed within four weeks. List after expiry of the aforesaid period. Tehsildar, Lalganj, District Pratapgarh need not appear again unless called for." 5. This Court took notice of the fact that because the parties were duly served before passing order Annexure-8, there was no occasion for recall of the order. The following order, consequently, was passed on 12.12.2018: "Heard Shri Ashok Kumar Yadav, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the respondents. The counsel for the petitioner submits that the proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act (in short U.P. Z.A. and L.R. Act) have been initiated and a case was registered as Case No. 199 under Section 122-B of U.P. Z.A. and L.R. Act Gaon Sabha v. Ram Abhilakh. The opposite party No.4 after giving an opportunity of hearing to both the parties has passed the order on 10.02.2015 and directed for eviction of opposite party No.5 from the Gata No. 2474/0.012 and also imposed a fine of Rs.10,000/-. The counsel for the petitioner further submitted that despite the aforesaid order no action has been taken by the respondents. Learned Additional Chief Standing Counsel prays for and is granted three days time to seek instructions and also to produce the record regarding the action taken by the respondents in pursuance to the order passed under Section 122-B of the U.P. Z.A. and L.R. Act. List on 19.12.2018, as fresh." 6. This Court is constrained on recording that Khalihan land, which is meant for utilization by all the villagers, has been found by the Lekhpal to be unauthorizedly occupied. Lekhpal is the concerned authority and order for eviction has been passed, however, apparently needful has not been done, for one reason or the other. Collusion of the Revenue Officers, under the circumstances, cannot be ruled out. 7. Considering the totality of the facts and circumstances of the case and particularly, the fact that counter affidavit has not been filed and the case is pending adjudication since 2015, we hereby direct the Collector/District Magistrate, District Pratapgarh to conduct an enquiry in the matter; and as a supervisory authority ensure that all pending applications are decided before the next date of listing. In case Khalihan has been unauthorizedly occupied, it be ensured that the needful is done and the land is vacated for use as Khalihan. 8. List on 17.07.2019. 9. It is made clear that in case needful is not done by next date of listing, cost in the sum ofRs.5000/- would be imposed to be recovered from the salary of Collector/District Magistrate, Pratapgarh on whom the duty has been enjoined by virtue of this order. 10. Let a copy of this order be conveyed to District Magistrate-Collector, Pratapgarh through Senior Registrar of the Court and also through Sri Raj Baskh Singh, learned counsel for the State."
(3.) Affidavit of compliance has been filed by Shri Markandeya Shahi posted as District Magistrate, Pratapgarh, in deference to above extracted order. As per the affidavit, in compliance of orders passed by quasi judicial/administrative authorities, unauthorized encroachment has been removed in the presence of Gram Pradhan and possession has been handed over to the Village Pradhan.;