The Allahabad High Court has directed the District Magistrate, Jaunpur, to investigate the order of SDM Machli Shahar to give Bheeta land of public utility Gaon Sabha to a private person.
The Division Bench of Justice Sunita Agarwal and Justice Vikram D. Chauhan passed this order while hearing a PIL filed by Tirathraj and Another.
We have filed the petition with the assertion that the Sub Divisional Officer, Machli Shahar, Jaunpur illegal order dated 13.04.2018 has settled the land in Gata No 69-Kha (new number) area 0.28 hectares (old number 329-M in Khata No 365) which is recorded as Bheeta in Akar Patra 41 & 45 prepared after completion of the consolidation operation in the village-in-question.
The Court noted,
The findings returned by the Sub Divisional Officer, Machli Sahar, Jaunpur in its order dated 13.4.2018 are completely against the revenue records. Neither the Gaon Sabha nor the State-authorities had challenged the order of respondent No 3 in giving rights over the public utility land to respondent No 5.
The submission is that in any case, the public utility land recorded in the revenue record is to be restored to its original nature ignoring the order dated 13.04.2018 passed by the Sub Divisional Officer, Machli Sahar, Jaunpur.
Considering the submission of the counsel for the petitioner, we require the Standing Counsel for the respondent Nos 2 & 3 and the counsel for the respondent-Gaon Sabha to seek their instructions with regard to the nature of the land in Gata No 69-Kha (old No 329-M) in the revenue record, the Court observed.
“Additionally, the District Magistrate/Collector, Jaunpur is hereby directed to make an enquiry on inspection of the revenue record to examine the correctness of the order dated 13.4.2018 passed by the Sub Divisional Officer, Machli Shahar, Jaunpur in settlement of public utility land in favour of a private person, as alleged by the petitioner, and submit his report before the Court by the next date fixed.
The question to issue notice to the respondent No 5 shall be considered after receipt of the instruction of the respondent Nos 2 to 4 and the report from the District Magistrate.
Till the next date of listing, the nature of the land in question in Gata No 69-Kha (new number) area 0.28 hectares (old number 329-M in Khata No.365) shall not be changed by any of the parties,” the Court ordered.
The Court has fixed the next hearing of the petition on July 28, 2022.