The Allahabad High Court has directed an inquiry into the encroachment of the petitioner who came to punish the officers for not following the order to remove the encroachment and said that the land mafia is taking illegal advantage of the law.
A Single Bench of Justice Rohit Ranjan Agarwal passed this order while hearing a contempt application filed by Mahendra Kumar Bhartiya.
Rajeshwar Tripathi, counsel appearing for opposite party states that the order of the writ Court dated 23.12.2021, which was to the extent to decide application under Section 67 of the U.P Revenue Code, 2006, has been decided by the Authorities.
The writ Court on 23.03.2021 in Public Interest Litigation passed the following order:-
“The grievance of the petitioner is that despite complaints, encroachments on plot Nos 2489 and 2491 of Village Gauhari, Tehsil Soraon, District Prayagraj have not been removed.
Standing Counsel submitted that the petitioner has efficacious remedy of filing of an application/case under Section 67 of the U.P Revenue Code, 2006.
Under such circumstances, without going into the merits of the case, it is being directed that if the petitioner files an application within a period of 15 days from today, for removal of encroachments, then the application shall be treated as an application under Section 67 of the U.P Revenue Code, 2006 and the same shall be decided within a period of 90 days thereafter, if there is no legal impediment.
With these observations, the writ petition is disposed of.”
In the Public Interest Litigation, it was alleged that the encroachment had been made on plots. The Sub- Divisional Magistrate, Soraon, Prayagraj conducted an enquiry on the said two plots and after the enquiry it was found that plot is recorded as pond, for which, the fisheries rights have been given.
It is further stated in the report that plot is recorded as land with transferable rights after the consolidation proceedings in the names of Chande, Pannalal, Phool, Sarjoo, Sattan, Mulli, Ramdas, Chhedilal, Brahma and Lalji.
The Court said that,
In view of the said fact as both the plots which were mentioned in the petition and the order of the writ Court as well as in the contempt application, the report has come which clearly reveals that no encroachment has been made by any person, the Court noted.
The Court is flooded with writ petitions and PILs seeking direction for removal of encroachment in view of filing of application under Section 67 of the U.P Revenue Code, 2006 throughout State of UP.
Once, the direction is given by the writ Court, the petitioners/applicants approach the Court by filing contempt petitions for punishing the Revenue Officers on the ground that the encroachments are not removed. The Officers proceed to demolish the existing structure on the plot mentioned in the order and without getting the matter verified, the Revenue Officers, just to save their skin, proceed to demolish the structures constructed by poor farmers and villagers.
Section 67 of the U.P Revenue Code, 2006 has become a tool in the hands of powerful persons residing in the village and land mafias are using the same against the people belonging to Scheduled Castes and Scheduled Tribes Community and also against the poor farmers and villagers residing in the said village.
Now, time has come that scrutiny should be made of the applicants who approached the Court seeking a direction upon the Revenue Authorities for removing the existing structure on the land which they alleged to have been encroached by certain villagers.
The Court further noted that in the case, the Sub-Divisional Magistrate, Soraon, Prayagraj had conducted an independent and fair enquiry and found that in both the plots as mentioned by the applicant in his writ petition and contempt application, no encroachment has been made on them and the plots belong to bhumidhars and the other plots are recorded as pond over which fisheries rights had been given.
The Court dismissed the contempt application on the report given by the Sub-Divisional Magistrate.
However, the Court directed the Sub-Divisional Magistrate, Soraon, Prayagraj to initiate an enquiry against the applicant about his credentials and also find out whether his house is existing on the land owned by him, and whether any encroachment has been made by the applicant himself or not.
“The report shall be communicated to the Court by the concerned Officer through Registrar (Compliance), within 15 days.
If, the Officers find that the applicant is at fault, a first information report shall be lodged against him and necessary action shall be taken by the Revenue Authorities, strictly in accordance with law”, the order reads.