JUDGMENT :

Sudesh Bansal, J.

1. By way of filing present public interest litigation, petitioners on behalf of villagers of Village Budhadeet, Gram Panchayat, Sultanpur, District kota have prayed to direct respondents to remove encroachments/illegal possession from land of Tejaji Mela bearing Khasra Nos.95, 96 & 97 (new Khasra Nos.44, 146 & 147) of village Budhadeet, Kota.

2. The petitioners have come up with a case that land in question is reserved for village Mela of Tejaji and for various public uses of Ramlila, circus weekly haat, exhibitions etc. for the villagers. However, in the year 1988, the then Sarpanch of village Budhadeet allotted land in question to his near and dears and issued pattas for shops. It has been averred that Panchayat Samiti challenged such allotments made on the land of common use for villagers and these allotments were cancelled by the District Collector, Kota vide order dated 21.01.1991 and directions were issued to dispossess such allottees, declaring them as trespassers over the land of mela ground. It has further been averred that allottees approached to the High Court by way of filing separate writ petitions, which are dismissed by common order dated 30.09.1996. It has been averred that these trespassers are still having their illegal possession over mela ground and have not been dispossessed by the respondents, despite giving several representations by the villagers, hence this petition. The counsel for petitioners has placed reliance upon the judgment of Hon'ble Supreme Court in the case of Jagpal Singh v. State of Punjab & Ors. Reported in [2011 (11) SCC 396].

3. The notices were issued to respondents and during the course of hearing of the present petition, this Court passed orders dated 18.10.2016 and then 07.11.2016 asking the respondent State Authorities to remove the encroachment and implement to the previous order of High Court dated 30.09.1996, affirming the orders of District Collector, Kota for cancellation of pattas, issued by the Sarpanch over the land left for common use of mela ground.

4. The respondent Nos.1 & 2 State authorities have filed replies twice and four additional affidavits through the then Collector, Kota and the Sub-Divisional of ficer, District Kota. It has been contended therein that no land of khasra Nos.95, 96 and 97 or their new khasra number is reserved and recorded in the revenue record for Tejaji Mela, however the Tejaji Mela is organized over the part of land of Khasra No.44 and majorly on land of Khasra No.146 every year in the month of September for three days only and Haat Market is also organized thereupon weekly. The respondent State Authorities have submitted that in fact land of old Khasra No.95 measuring 4.01 hectare, is recorded as "Gair Mumkin Ground", which was renumbered as Khasra No.44 and out of which, an area of 2.59 hectare land is left open and the same is available for common use by the villagers. Over this land of open ground, which is recorded as "Gair Mumkin Ground", few allotments were made by the Sarpanch by way of issuance of pattas, which were cancelled by the District Collector vide order dated 21.01.1991. It has been categorically alleged that now the encroachment made by such persons over this land have been removed on 25.10.2016. In additional affidavit dated 07.11.2016 filed by the then SDO-Krishna Devi, it is stated that apart from removing the possession of illegal allottees, other 25-30 encroachments were also removed from the land of Khasra No.44 on 25.10.2016. The compliance report dated 25.10.2016 has been placed on record with the reply as (Annexure-CR/1). It has been stated specifically that now over this land of Khasra No.44, there is no encroachment and the same is available to use by the public at large.

The land of old khasra No.96 is "Gair Mumkin Rasta" which as been renumbered as Khasra No.104.

For the land of Khasra No.97, the factual position has been averred in the manner that this is a big chunk of land of about 24