The Allahabad Excessive Court docket has directed the District Justice of the Peace of Prayagraj to analyze the function of income officers within the case of unlawful encroachment on the land of Madhopur Chandhan @ Ghatampur village of Soraon tehsil of Prayagraj.
A single-judge bench of Justice Ashutosh Srivastava handed this order whereas listening to a PIL filed by Sunil Kumar.
The Public Curiosity Litigation (PIL) has been filed, in search of issuance of route to the respondent to behave upon the orders dated 02.05.2024, 06.07.2024 and 27.07.2024, handed by the Sub Divisional Officer, Tehsil Soraon, District Prayagraj, and to take away unlawful encroachments/ development admeasuring 0.550 Hectares, situate at Village Madhopur Chandan @ Ghatampur, Prayagraj inside a stipulated interval of 1 month.
An additional prayer to provoke an inquiry and punish the income officers, Tehsildar, Income Inspector and Lekhpal, to have intentionally withheld the compliance and execution of the aforesaid orders, handed by the Sub Divisional Officer, regardless of having full information and to recuperate the quantity of damages brought on to the Gaon Sabha Land from their wage in addition to provoke disciplinary proceedings in opposition to the respondent nos 4 to six by taking resort to Part 71 of the UP Income Code, 2006, has additionally been prayed for.
Nand Lal Maurya, Standing Counsel, submits that directions have been obtained, that are taken on report.
As per directions it’s contended that the proceedings below Part 67 of the UP Income Code, 2006, have already been initiated in opposition to the encroachers by registering a case, Gaon Sabha vs Rampoojan, during which the subsequent date for listening to has already been fastened as twenty fourth September, 2024.
He submitted that since proceedings have already been initiated the writ PIL could also be disposed of with a route to conclude the proceedings as contemplated below the Income Code.
Having heard counsel for the events and having perused the information of the writ PIL, it’s borne out that it is a case during which encroachment seems to have been intentionally not prevented and when the problem on this writ PIL was raised proceedings below Part 67 has been resorted to in opposition to the encroachers, the Court docket noticed.
The Court docket famous that,
Vibhu Rai, counsel for the petitioner, has invited the eye of the Court docket to an order dated twenty seventh July, 2024, handed by the Sub Divisional Officer, Soraon, Prayagraj, apprising the mentioned authority of the sooner orders dated 02.05.2024, 06.07.2024 and 27.07.2024 relating to the encroachments made by the sure individuals over Gram Sabha land contained, recorded as Naveen Parti.
From the contents of the order it’s additional borne out that the orders had been issued to the Income Authorities to cease the encroachment which was underway and even help of the Police was additionally ordered to facilitate stoppage of the encroachment. Nevertheless, regardless of particular orders having been handed the encroachment was not prevented and constructions had been permitted to be raised. The above facet definitely requires an in depth enquiry into the matter.
The pending consideration of the PIL and in addition paying attention to the truth that the proceedings below Part 67 of the U.P Income Code, 2006 have been initiated, the Court docket deemed it acceptable to direct the District Justice of the Peace, Prayagraj, to investigate into the matter of great lapses achieved by the Tehsildar, Income Inspector and Lekhpal involved.
“The District Justice of the Peace, Prayagraj, shall maintain an acceptable enquiry and submit a report back to the Court docket inside one month. It’s made clear that the case instituted below Part 67 of the U.P Income Code, 2006 is probably not stalled and will go on and proceed in accordance with regulation.
In the meantime if additional development is being raised the respondents are directed to forestall any additional constructions being raised over the Gata No 727 space 0.550 Hectares,” the order reads.
The Court docket has fastened the subsequent listening to of the petition on October 15, 2024.
