JUDGMENT :

Salil Kumar Rai, J.

1. Heard the Counsel for the parties.

In view of the order proposed to be passed, no counter affidavit is being called for and the writ petition is disposed of on the basis of records annexed with the writ petition itself.

2. The present writ petition has been filed praying for a writ of mandamus commanding the Deputy District Magistrate not to demolish the fencing of the petitioners made around their plots.

3. A perusal of the records annexed with the writ petition shows that admittedly the petitioners are Bhumidhar of Plot Nos. 801 (area 0.053 hectares) and 802 (area 0.05 hectares). It also appears that Plot No. 1584 which is adjacent to the bhumidhari plots of the petitioners is recorded as Pond in the revenue records. A dispute was raised by certain villagers that the petitioners had encroached over the pond which is a Gaon Sabha plot. It appears that on the aforesaid dispute raised by the villagers, a report was called by the Deputy District Magistrate and the Revenue Inspector-submitted a report dated 1.5.2017 stating that the petitioners had not encroached over the Gaon Sabha plot, i.e., Plot No. 1584 and their fences exist on their own bhumidhari p