Tuesday, January 31, 2023

Allahabad High Court directs Kushinagar DM to appear with probe report on encroachments

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The Allahabad High Court has directed DM Kushinagar to appear on April 11 with the sealed investigation report. The court said that the DM was directed to present a fair inquiry report on the village headman for not taking action on encroachments.

Instead of the report, the Sub-Divisional Magistrate, Hata gave a half-hearted information. On this, the court made a strong comment and said the District Magistrate does not see the order of the High Court.

A single-judged bench of Justice Prakash Padia passed this order while hearing a PIL filed by Shiv Shankar Gupta.

On 11.02.2022 following order was passed:-

“Heard the counsel for the petitioner and Sudhir Bharti, counsel appearing for the Gaon Sabha as well as the Standing Counsel for the State respondents.

The argument advanced by the counsel for the petitioner is that in respect of the land in question which is recorded as pond earlier a Public Interest Litigation (PIL) No.- 374 of 2020 was filed in which the liberty was granted to the petitioner to move a petition under Section 67 of the U.P. Revenue Code, 2006. Pursuant to which the petitioner approached the authority concerned under Section 67 of the U.P. Revenue Code, 2006 but when nothing happened, a contempt application being Contempt Application (Civil) No.- 3228 of 2020 was filed by one Narmada Kumar. It is thereafter inquiry report was submitted by Sub-Divisional Magistrate on 5th October, 2012 directing for removal of unauthorized encroachment of various persons including the present petitioner and Pradhan who had made encroachment upon the public utility land and even the demolition exercise have been carried out in respect of the others except the Pradhan of the village panchayat concerned.

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In such above facts and circumstances of the case, the District Magistrate, Kushinagar is directed to get a fair and free inquiry conducted into the matter and also measurement exercise in respect of the pond falling on plot No.- 221 area 0.2710 hectares of village panchayat Pipara @ Titala, Post- Naumunda, Tehsil- Hata, DistrictKushinagar with the help of revenue authorities and submit the same in a sealed cover before this Court within a period of two months from today.

It is made clear that the District Magistrate, Kushinar shall ensure that free and fair inquiry is conducted into the matter.

Let this matter be put up again on April 4, 2022 as fresh.”

The Court noted that, when the matter is taken up, instructions dated 31.03.2022 received from the office of Joint Magistrate/Sub Divisional Officer, Hata District Kushinagar placed before the Court, the same is taken on record.

Also Read: Allahabad High Court directs Kushinagar DM to appear with probe report on encroachments

“It is unfortunate that despite specific direction given by the Court to the District Magistrate, Kushinagar to conduct fair and free inquiry in the matter with the help of revenue authorities and submit a report in a sealed cover before the Court, no response has been submitted by him and only the instructions were placed. It appears from perusal of the aforesaid instructions that District Magistrate Kushinagar does not see the order passed by the Court. Put up as fresh on April 11, 2022”

-the Court observed.

“The District Magistrate Kushinagar shall remain present in person on the said date along with a sealed cover report,” the Court ordered.

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