Indrajeet Singh @ Madan Singh vs State Of U.P. Thru. Prin. Secy., ...

1. It is informed that the Advocates are abstaining from work today.

2. I have perused the record and heard the learned Standing Counsel representing respondent nos. 1 to 4.

3. By means of this petition captioned as 'Public Interest Litigation' illegal encroachment on pond land, bearing Gata No.499 Chha/7.374 hectare situated at village Itraur, Pargana and Tehsil Mankapur, District Gonda has been alleged.

4. It appears that on application of the petitioner the District Magistrate, vide order dated 08.08.2019 has directed the S.D.M., Mankapur to immediately take steps by sending Naib Tehsildar for stopping any encroachment over the pond land.

5. Copy of the aforesaid order dated 08.08.2019 passed by the District Magistrate on the application of the petitioner has been placed on record as Annexure-1 to the petition.

6. The present petition has been filed for issuing a direction in the nature of Mandamus to respondent no. 3-S.D.M., Tehsil Mankapur, District Gonda to ensure compliance of the order dated 08.08.2019.

7. This Court is not an executing Court of the order passed by the executive authority. The District Magistrate has recently passed order on 08.08.2019 to ensure removal of encroachment by any person over the pond land. If no action is taken even after the order passed by the District Magistrate, it would be open to the petitioner to approach the District Magistrate concerned, who will ensure that the order passed by him is complied with.

8. With the aforesaid directions/observations, this writ petition stands disposed of finally.

[Dinesh Kumar Singh,J.] Order Date :- 16.8.2019 MVS/-