Allahabad High Court
Smt. Parvati Devi vs State Of U.P. Thru Secy. And Others on 6 December, 2012
Bench: Shiva Kirti Singh, Acting Chief Justice, Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Chief Justice's Court
Case:-PUBLIC INTEREST LITIGATION (PIL) No.-63576 of 2012
Petitioner :- Smt. Parvati Devi
Respondent :- State Of U.P. Thru Secy. And Others
Petitioner Counsel :- Satyendra Nath Tiwari
Respondent Counsel :- C.S.C.
Hon'ble Shiva Kirti Singh,Acting Chief Justice
Hon'ble Pradeep Kumar Singh Baghel,J.
Heard learned counsel for the petitioner and learned counsel for the State.
The present writ petition is bit unusual. Generally a number of writ petitions are filed alleging encroachments over ponds and other public properties. Such writ petitions are disposed of usually by directing the petitioners to approach before appropriate Authority under Section 122-B of Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950 (hereinafter referred to as 'the Act').
In the present case, the Sub Divisional Magistrate and Tehsildar of Bhatpar Rani, District Deoria have already passed an order under Section 122-B of the Act for removal of encroachments made by one Jagat Tiwari.
The grievance of the petitioner is that despite of order passed on 23.04.2012, no steps have been taken for execution of the order and for removal of unauthorized encroachments over the concerned public land, claimed to be a pond.
Learned counsel for the petitioner has fairly pointed out that Rule 155-A of the Uttar Pradesh Zamindari Abolition And Land Reforms Rules, 1952 requires execution of such orders by the concerned Tehsildar.
It is very unfortunate that in spite of statutory provision providing for execution, citizens have to come to this Court for execution of orders passed by S.D.M or Tehsildar. This Court is already over burdened with important matters requiring determination of rights of the parties. If this Court is further burdened with execution of orders passed by petty officials, Justice delivery system at the highest level of the State would be paralyzed.
The District Magistrate concerned should take appropriate action against the erring officials who fail in their duties to execute the orders passed under Section 122-B of the Act or similar statutory provisions. This alone shall ensure execution of statutory orders by officers who have legal duty to see that such type of orders are implemented and executed without any delay.
This writ petition is disposed of with a direction to the District Magistrate, Deoria to act in accordance with the aforesaid observations so as to ensure the complaints of non execution are entertained at his stage.
It would be far better if officers entrusted with execution or implementation are made accountable for their failure to execute such orders within reasonable time.
We expect that District Magistrate to keep the aforesaid observations in mind.
Order Date :- 6.12.2012
Sandeep
