By the Court.—In the instant petition, filed as public interest litigation, the petitioner has invoked the writ jurisdiction of this Court on the allegation that respondent Nos. 4 and 5 have encroached upon the Gaon Sabha property and inspite of several efforts made by the petitioner before the administrative authorities including the District Magistrate and the Commissioner of the concerned Division, no steps have been taken to remove the encroachment from the land in dispute. The petitioner, therefore, has made prayer for issuance of a writ of mandamus directing respondent Nos. 1 to 4 for removal of the encroachment made over the Gaon Sabha property.

2. Learned counsel for the petitioner vehemently contended that the respondent authorities, despite various complaints made by the petitioner alongwith the villagers of the village in question, failed to take any steps for removal of the encroachment made over the public property. He pointed out from the petition that detailed representations/complaints were filed by the petitioner alongwith villagers before the District Magistrate, Mau and the Commissioner, Azamgarh Division, Azamgarh, copies whereof are enclosed as Annexures 5 and 6 to the writ petition, yet it yielded no result and, thus, he has filed the present PIL. It is submitted that Plot Nos. 177 and 178 belong to Gaon Sabha of village Nagpur, Pargana and Tehsil Mohammadabad, District Mau and are recorded as ‘Bheeta’ in the revenue records.

3. On the other hand, learned Standing Counsel appearing for the State-respondents has submitted that it is the duty of the Land Management Committee constituted under the U.P. Panchayat Raj Act to maintain the Gaon Sabha property and in case there is some encroachment, a complete mechanism under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act and the Rules framed thereunder has been provided to remove such encroachment over the Gaon Sabha property which also includes imposition of damages etc. In his submissions, the grievance can be raised before the Land Management Committee itself of which Lekhpal of the circle happens to be the Secretary, who is legally responsible for informing such encroachments over the Gaon Sabha property to the Assistant Collector and the petitioner may raise his grievance before the aforesaid Committee/Local Authority itself, instead of rushing to this Court in its extra-ordinary jurisdiction under Article 226 of the Constitution of India.

4. We have considered the submissions made on both sides.

5. The U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as ‘Act of 1950’) is a self-contained Act and it contains a complete mechanism for removal of encroachment over the Gaon Sabha property. It would be useful to reproduce the relevant provisions of the Act of 1950 and the Rules framed thereunder, which prescribe the duties and powers of the Land Management Committee as well as the revenue authorities. Under the provisions contained in Section 122-A of the Act of 1950, the Land Management Committee of the Gaon Sabha is vested with the power of superintendence, management and control of all land recorded as public utility land. It reads as under :

“122-A Superintendence, management and control of land etc. by the Land Management Committee.—

(1) Subject to the provisions of this Act, the Land Management Committee shall be charged, for and on behalf of the Gaon Sabha with the general superintendence, management, preservation and control of all the land, forests within village boundaries, trees (other than trees in a holding, grove or abadi), fisheries, tanks, ponds, water channels, pathways, abadi sites and hats, bazars and melas vested in the Gaon Sabha under Section 117.

(2) Without prejudice to the generality of the foregoing provisions, the functions and duties of the Land Management Committee shall include-

(a) the setting and management of land;

(b) the conduct and prosecution of suits and proceedings by or a