Mahesh Bhagwati, J. - (1.) BY way of the instant writ petition, the Petitioner has sought the following reliefs; (i) direct the Respondent No. 1 to 4 to remove the encroachment from the government (siwai Chak) land bearing Khasra No. 1229 to 1233 and to keep the aforesaid land free from encroachment; (ii) direct the Respondent No. 1 to 4 to initiate appropriate criminal proceedings against the Respondent No. 5 to 9 for cutting and removing the green trees from the aforesaid land. (iii) Any other appropriate order or direction which this Hon'ble Court deems fit and proper in favor of the Petitioner may kindly be passed. (iv) Cost of the writ petition may kindly be provided to the Petitioner.
(2.) HAVING considered the submissions made by the learned Counsel for the Petitioner and carefully perused the relevant material on record, it is noticed that the Respondent No. 5 to 9 are alleged to have encroached upon the Government land. The main thrust of argument of the learned Counsel for the Petitioner is that the Respondent No. 5 to 9 may be restrained from making any encroachment upon the Government land and Respondent No. 1 to 4 may be directed to act in accordance with the provisions of law. At the very outset, it is relevant to record that this Court cannot permit the extra ordinary jurisdiction to be converted into a suit or criminal proceedings for the purpose of seeking the relief as implored in the writ petition. No fundamental right is found to have been infringed of Gram Panchayat Mandha (Madani), Panchayat Samiti Dantaramgarh. If the Respondents Nos. 5 to 9 are making any encroachment with a view to grab the Government land. The Sarpanch, Gram Panchayat should file a civil suit for injunction, in a civil Court and lodge the FIR with the concerned Police Station against them for committing the offence of cutting the trees theft from Siwai Chuck land. The alternate efficacious remedy is available to the Petitioner for getting the relief, which can be sought from the civil Court or the criminal Court as the case may be. The Petitioner cannot be allowed to invoke extra ordinary jurisdiction under Article 226 of the Constitution of India and in view thereof, the writ petition being bereft of any merit deserves to be dismissed in limine, and thus the same stands dismissed accordingly.;