The court emphasized the importance of resolving the dispute over land area before taking any action based on alleged encroachments.

SALIL KUMAR RAI, J.

1. It has been stated by the learned Standing Counsel that a counter affidavit sworn by Tehsildar, Tehsil Sadar, District-Mau was filed in the office of this Court on 24.7.2018. The said counter affidavit is not on record. However, learned Standing Counsel has handed over the office copy of the aforesaid counter affidavit for perusal of the Court, which is taken on record.

2. The present writ petition has been filed praying for a writ of mandamus commanding respondent Nos. 2 to 4, i.e., District Magistrate, Mau, Sub Divisional Magistrate, Tehsil-Sadar (Maunath Bhanjan), District-Mau and Tehsildar, Tehsil-Sadar (Maunath Bhanjan), District-Mau to remove the alleged encroachments made by respondent Nos. 6 and 7 over Plot No. 1491, which is recorded as play ground in the revenue records and vests in the Gaon Sabha.

3. It transpires from the aforesaid counter affidavit that after due enquiry, certain villagers were found to be in illegal occupation of Plot No. 1491, and therefore, Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662 under Section 67(1) of Uttar Pradesh Revenue Code, 2006, were registered against them in the court of Tehsildar, Tehsil Sadar (Maunath Bhanjan), District-Mau, i.e., respondent No. 4 and notices were issued to the alleged encroachers. The noticee appeared in the aforesaid cases before respondent No. 4 and filed their objections stating that they have not enroached over Plot No. 1491 and that they were in occupation over area of Plot No. 1490, which is adjacent to Plot No. 1491. It was stated by the noticee that the revenue map did not correctly reflect the area of Plot No. 1491 and the area of the aforesaid plot as shown in the revenue map was more than its actual area, i.e., the area which is recorded in the Khatauni relating to Plot No. 1491. The Khatauni relating to Plot No. 1491 shows that the area of the aforesaid plot is 0.0540 hectare and it appears from the records annexed with the writ petition that the area of Plot No. 1491 as reflected in the revenue map is 0.102 hectare. It has also stated in the counter affidavit that the noticee in the aforesaid cases registered under Section 67(1) of Uttar Pradesh Revenue Code, 2006 have filed Suit No. D20181551000843 of 2018 under Section 38(1) of Uttar Pradesh Revenue Code, 2006 in the court of Collector, District-Mau for correction of revenue map.

4. It has been stated in the counter affidavit that because of the institution of Case No. D20181551000843 of 2018, proceedings in Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662 have been stayed by respondent No. 4.

5. From the records annexed with the counter affidavit as well as the averments made in the same, it is evident that there is dispute regarding total area of Plot No. 1491 as there is difference in the area of Plot No. 1491 as recorded in the Khatauni relating to the same and as reflected in the revenue map of the village. It is also evident that the noticee in Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662, have taken a defence that they are in possession over Plot No. 1490 and not in occupation over any part of Plot No. 1491.

6. In the aforesaid circumstances, no action can be taken against the noticee in Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662 without any decision in Case No. D20181551000843 of 2018 instituted under Section 38(1) of Uttar Pradesh Revenue Code, 2006. Respondent No. 4 has not committed any error in staying the proceedings in Case Nos. T-201815510104658, T-201815510104659, T-201815510104660, T-201815510104661 and T-201815510104662 registered under Section 67(1) of Uttar Pradesh Revenue Code, 2006 till the decision by the Collector, Mau in Case No. D20181551000843 of 2018 instituted under Section 38(1) of Uttar Pradesh Rev