# Panna Lal and others v. District Magistrate, Gautam Buddh Nagar and others

- **Citation:** (2009) 3 ILRA 863
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2009-10-07
- **Case number:** Civil Misc. Writ Petition No. 51713 of 2009
- **Bench:** Rakesh Sharma
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/panna-lal-and-others-v-district-magistrate-gautam-buddh-nagar-and-others-41544
- **Pages:** 4

## Text

3 All] Panna Lal and others V. District Magistrate, Gautam Buddh Nagar and others
863
exigency, there is no requirement or
condition precedent that the same can
only be passed if there is some complaint
or enquiry against the person concerned.

66. At this stage, learned counsel for
the petitioner submitted that it is a mid
session transfer and cause some hardship
to the petitioner on account of his illness.
So far as the matter of personal hardship
etc. is concerned, it is well settled that it is
always open to the concerned employee,
who has been transferred from one place
to another to approach the higher
authorities of the department appraising
them of the hardship, if any, being faced
by the employee concerned on account of
transfer from one place to another and it is
always open to the higher authorities to
look into grievance of the concerned
employee and pass appropriate order. This
Court, however, can take judicial notice
of the fact that from Gautambudh Nagar,
six person have been transferred and five
has been posted in the adjoining District
Bulandshahar while one has been posted
in District Bijnor since he belong to
District Bulandshahar itself. Out of these
six persons, three, namely, the petitioner,
Sri K.K. Garg and Sri S.K. Tyagi have
their own District as Ghaziabad, two,
namely, Vaseek Ahmad and Ramesh
Chandra Gaur have their home districts at
Bulandshahar and one Thomas Ram
Tyagi belong to District Meerut. The
petitioner has been transferred to the
adjoining area only.

67. In view of the above discussions,
I do not find any merit in the writ petition.
Dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 07.10.2009

BEFORE
THE HON'BLE RAKESH SHARMA, J.

Civil Misc. Writ Petition No. 51713 of 2009

Panna Lal and others
 ...Petitioners
Versus
District Magistrate, Gautam Buddh Nagar
and others

...Respondents

Constitution
of
India-
Article-226Encrochment upon public Chak road,
direction of Court District Magistrate as
well other Revenue Authorities-after
measurement
found
encroachmentaccordingly
passed
consequential
impugned order-can not be questioned
or entrained by Writ Court-considering
growing
tendency
of
encroachments
upon
public
utility
land
general
Mandamus issued to all the district
Magistrate for strict compliance-petition
dismissed.

Held: Para-8

Hon'ble Rakesh Sharma, J. The District
Magistrates shall also direct the Sub
Divisional Magistrates and the Assistant
Collectors of the Districts that whenever
any such complaint is brought to the
notice of the concerned Sub Divisional
Magistrate or the Assistant Collector, the
concerned Sub Divisional Magistrate or
the
Assistant
Collector
shall
take
immediate steps in compliance of this
Court's
order,
failing
which
the
concerned Sub Divisional Magistrate or
the Assistant Collector shall be held
responsible.

(Delivered by Hon'ble Rakesh Sharma, J.)

1. Heard learned counsel for the
petitioners as well as learned Standing
Counsel and perused the record.
864 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
2. It emerges from perusal of the
records that a Writ Petition No. 1611 of
2009, Smt. Triveni Vs. State of U.P. and
others was filed in this Court, which was
disposed of vide a judgment and order
rendered on 21.1.2009. The petitioner in
Writ Petition No. 1611 of 2009, Smt.
Triveni Devi, had raised a grievance that
she had made an application to the
District Magistrate, Gautam Buddh Nagar
with regard to illegal activities of the
respondents, namely, Panna Lal, Chandra
Pal, Amar Pal, Moti Lal, Natthi, Babu,
Binnami, Shish Pal, Mahesh, Kehar,
Banwai and Murari, all reisdents of
Village-Rampur Bangar, Tehsil Jewar,
District Gautam Buddh Nagar, who were
encroaching upon the public utility land,
that is, the Chakroad and Drain.

3. The Court had taken note of the
submissions put-forth by the petitioner
and had directed the Collector, Gautam
Buddh Nagar to look into the matter,
decide the application of the petitioner
and take appropriate action. Accordingly,
the District Magistrate, Gautam Buddh
Nagar had directed the Sub Divisional
Magistrate, Jewar, District Gautam Buddh
Nagar to make spot inspection. In
pursuance thereof, the Sub Divisional
Magistrate, on 13.8.2009 had visited the
spot along with a team consisting of the
concerned Lekhpal and other Lekhpals,
Supervisor Kanunago and the local
Police. He had also gone through the
revenue records, Sazra and revenue map.
On spot inspection, the Sub Divisional
Magistrate found that the Gata No. 216
was recorded as Chakroad and Gata No.
217 was recorded as Drain (Nali) in the
revenue records. The measurements were
carried out by the revenue authorities
according to Sazra, Revenue Map of the
area and other documents. The team of
the
revenue
officials
carried
out
measurements from the permanent mark
and had taken into account the map plan
of the area, Sazra, Revenue Map of the
Chakroad, Nali and abutting plots. On
measurement, the southern side was found
in
accordance
with
the
revenue
map/Sazra, but on the western side, the
Chakroad
and
Drain
was
found
encroached by the petitioners.

4.

In
accordance
with
the
Survey/spot
inspection
and
the
measurements, the Chakroads and Drains
were duly defined, marked and restored
on the spot and as such the Chakroad and
Drainage was put in order. Whatever
action was taken by the Sub Divisional
Magistrate,
Jewar
and
the
District
Magistrate, Gautam Buddh Nagar, it was
taken in compliance of the order passed
by the Court in Writ Petition No. 1611 of
2009. The petitioners were parties to the
said writ petition. The impugned order
dated
13.8.2009
is,
in
fact,
a
consequential order, which has been
passed in compliance of the directions
contained in the judgment and order
passed by this Court. The said action has
been taken by the Revenue authorities
after making spot inspection, carrying out
measurements and demarcation etc. In the
circumstances, there appears to be no
justification in interfering with such an
order, which is a consequential order
passed in furtherance of this Court's order.

5. While carving out the Chaks of
the farmers, provisions of the Chakroads
and Nalis (Drains) are made in order to
make pathway for Tractors, Bullockcarts
and to approach the fields so that the
farming work may be carried out easily
and smoothly, farmers may reach their
fields by using the Chakroads and the
3 All] Panna Lal and others V. District Magistrate, Gautam Buddh Nagar and others
865
Tractors or other agricultural equipments
may reach to the fields of the farmers.
The Drains are left for irrigations facilities
so that the water may reach to the fields
and surplus water may be drained out
during rainy season to avoid flooding in
the fields. Likewise the Public utility
lands are also left for the benefit of the
villagers. The Chakroads or Drains or
Public utility lands etc. are left for the
benefits of the farmers and for none else.
Thus, it is the duty of the State as well as
of the farmers to protect the Chakroads,
Dains (Nalis) from encroachments.

6. It is being noticed by the Court
that in a large number of cases,
encraochments on Chakroads, Drains and
other public utility lands are being
reported. Now a days it has become a
regular feature in the Villages of Uttar
Pradesh that the interested powerful
Villagers and the anti social elements
encraoch upon the Chakroads, Drains and
Public utility lands etc. In carrying out
encroachments on Chakroads, Drains and
Public utility lands, the villagers and
antisocial elements are taking law in their
hands.
Due
to
encroachments
on
Chakroads, it has become difficult for two
vehicles, Bullock-carts or two Tractors to
pass through the Chakroads. A large
number
of
Chakroads
have
been
encroached by the erring Villagers in the
State of Uttar Pradesh. Day by day, the
fields of the powerful and influential
villagers are eating the width and length
of the Chakroads. The situation in the
rural India has become alarming and as
such Survey operations are urgently
required in the villages to demarcate the
Chakroads in order to save the Chakroads,
Drains and other Public utility lands etc.
meant to be protected for rural population
including farmers.
7. In these circumstances, the
Principal Secretary to Government of
U.P., Revenue Department, State of U.P.
is hereby directed to issue necessary
directions to all the District Magistrates of
the State of Uttar Pradesh to ensure that
the encroachments on Chakroads, Drains
and other Public utility lands etc. are
removed immediately after Survey and
regular spot inspection by the Revenue
authorities. The District Magistrates of the
Districts shall direct the Sub Divisional
Magistrates or the Assistant Collectors to
act instantly on receiving the complaints
regarding encroachments on Chakroads,
Drains and Public utility lands etc. and
remove the encroachments on Chakroads,
Drains and Public utility lands etc.
immediately by making spot inspections
and after going through the relevant
records. The District Magistrates shall
also direct the Sub Divisional Magistrates
and Assistant Collectors to decide the
disputes/complaints
regarding
encroachments within a month from the
date
of
receipt
of
such
applications/complaints from any corner
and take stringent and strict action with
the help of the Police to remove the
encroachments.
The
Sub
Divisional
Magistrates and the Assistant Collectors
shall also make necessary and effective
arrangements
to
stop
future
encroachments on Chakroads, Drains and
Public utility lands by keeping constant
vigil.

8. The District Magistrates shall also
direct the Sub Divisional Magistrates and
the Assistant Collectors of the Districts
that whenever any such complaint is
brought to the notice of the concerned
Sub Divisional Magistrate or the Assistant
Collector, the concerned Sub Divisional
Magistrate or the Assistant Collector shall
866 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
take immediate steps in compliance of
this Court's order, failing which the
concerned Sub Divisional Magistrate or
the Assistant Collector shall be held
responsible.

9. With the above observations and
directions, the writ petition is dismissed.

10. Office is directed to send a copy
of this judgment and order to the Principal
Secretary
to
Government
of
U.P.,
Revenue Department, State of U.P. to
issue necessary directions/orders to all the
District Magistrates of the State of Uttar
Pradesh for strict compliance of the
judgment and order passed by the Court
today.

11. Office is also directed to supply
copies of this judgment and order to the
Chief Standing Counsel, State of U.P. and
Sri S.P. Misra, learned Standing Counsel,
State of U.P. for its onward transmission
to the Principal Secretary to Government
of U.P., Revenue Department, State of
U.P. for its compliance and taking
necessary action.
7.10.2009
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.10.2009

BEFORE
THE HON'BLE ARUN TANDON, J.

Civil Misc. Writ Petition No. 42612 of 2009

Dhirendra Nath Dubey
...Petitioner
Versus
State of U.P. and others ...Respondents

Constitution
of
India
Article-30
Appointment of L.T. Grade teachercontrary to provision of Intermediate
Education
Act-illegal-protection
of
Article 30 in minority institution to
ignore the provision of 16 E(2) not
available-the method of fair selection
provided in 16 FE of the Act-went for
good administration of college-can not
be ignored-any appointment contrary to
that illegal.

Held: Para-22

Having arrived at aforesaid conclusion,
this Court may record that under Section
16E for making appointment on the post
of teachers, which applies to minority
institution also, vacancy is required to be
published in at least two newspapers,
having adequate circulation in the State.
In
the
facts
of
the
present
case,
advertisement was admittedly published
in only one newspaper, and therefore,
there has been violation of Section 16 E
(2) of Act, 1921.
Case law discussed:
AIR 1997 Alld. 44, (2001) 4 SCC 296
Paragraph-7, (2002) 8 SCC 4811, (2003) 6
SCC 697, (2004) 6 SCC 224.

(Delivered by Hon'ble Arun Tandon, J.)

1. Heard Sri Vikesh Chaudhary,
learned Senior Advocate assisted by Sri
Arvind Srivastava, learned counsel for the
petitioner, Sri M.A. Qadeer, learned
Senior Advocate assisted by Sri M.Y.
Khan, learned counsel for respondent nos.
6 and learned Standing Counsel for the
State-respondents.

2. This writ petition has been filed
for quashing of the order dated 14th July,
2009 and the advertisement dated 20th
July, 2009.

3. The facts in short giving rise to
the present writ petition are as follows:

4. Abdul Hakeem Agriculture
Intermediate College, Ujiyar, Dudhara,
Sant Kabir Nagar is a recognised and