- (1.) IN this Writ Petition, filed in public interest, by the residents of Village Pahua, Tehsil Kumher, District Bharatpur, alleging encroachments on public land, an order was passed by us on 14.08.2014, as follows: - "Shri Karan Singh, Shri Omprakash, Shri Mohan Singh, Shri Hukam Chand and Shri Gilla, petitioners, are present in person. Let a copy of this writ petition be furnished in the Office of the Advocate General for service on the respondent Nos.1 and 2. By this writ petition, filed in the public interest, it is alleged that the respondents have not removed the encroachments from charagah land in Khasra Nos.539 to 579, measuring 39.2000 Hectares, situated in village Pahua, Tehsil Kumher, District Bharatpur. The Sub Divisional Officer, Kumher, District Bharatpur will get the necessary inspection made of the property and the revenue records. He will also get the measurement of the alleged encroachments and file reply within one month. List on 14.10.2014."
(2.) A reply has been filed with the affidavit of Shri Mohan Singh, working as Sub Divisional Magistrate, Kumher, confirming the encroachments on khasra Nos.539, 540, 541, 541/19, 542, 543, 544, 545, 549, 567, 578 and 579. The details of the encroachments and the persons, who have encroached the public land, has been given in the report of the Sub Divisional Magistrate dated 22.09.2014, annexed to the affidavit as Annexure -R/3. In paragraph 4 of the affidavit, it is stated as follows: - "4. That the contentions made in para No.4 of the writ petition are admitted to the extent that at certain portion of goachar land respondents Nos.4 to 7 have made encroachments. It seems that respondent No.3 may be residing with the respondents No.4 to 7 as respondent No.3 is wife of Buddha Singh and respondents No.4 to 7 are sons of Buddha Singh. In this respect, submissions have already been made hereinabove making it clear that respondents Nos.3 to 7 have made encroachments and certain matters are pending before the Assistant Collector -cum - Executive Magistrate, Kumher and for certain matters the notices have already been given for removal of encroachments and next date of hearing is 24.4.2015 as stated hereinabove. However, it is not admitted that the animals of other villages are also using the said Charagah. However, so far as encroachments made by respondents Nos.4 to 7 are concerned, submissions have already been made hereinabove. As per the record of the answering respondents, respondent No.8 (Kapoor Singh) has not made any encroachment. It is also pertinent to submit here that in pursuance to directions given by this Hon'ble Court on 14.8.2014 (copy of which was submitted by the petitioner) inspection has been conducted by the Sub Divisional Magistrate Kumher alongwith a team on 22.9.2014. A copy of the inspection report dated 22.9.2014 is submitted herewith and marked as ANNEXURE R -3 to clarify the position that at certain places, respondent Nos.4 to 7 have made certain encroachments though earlier also certain persons have made encroachments, but their encroachments were removed and for that orders of removal of encroachment have already been referred hereinabove."
(3.) LEARNED Advocate General informs that after giving notices, the encroachments have been removed, except for encroachments in khasra Nos.543, 545 and 579, on which there are interim orders passed by the Court of ACJM, Kumher. The report also encloses a map of the areas, on which encroachments have been made. The note appended to the report also shows that haal khasra charagah in plot Nos.579, 543 and 545, there is an interim order passed by the Court of Assistant Collector, Kumher in application No.81/08 on 15.10.2008, and in other case by ACJM, Kumher on 18.06.2010, he has directed status quo to be maintained. Similarly, in case No.2013/11, the Revenue Board has passed an order dated 19.03.2014. The appeal against the order of ACJM, Kumher dated 07.03.2014 is also pending, and in which there is an interim order. Now since the encroachments, on the portion of the plots, as detailed in the report, have been admitted by the State authorities, and that, some of the encroachments have been removed, the Sub Divisional Magistrate, Kumher is directed to remove all the encroachments, which he had found in his report dated 22.09.2014 within one month, and continue with the proceedings with regard to imposition of fines.;