JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Shri Alok Kumar Dixit, learned counsel for the petitioner, Shri Shailendra Kumar Singh, learned Chief Standing Counsel-II, Shri Yogesh Kumar Awasthi, learned Standing Counsel for the State-opposite parties and Shri Virendra Singh, learned counsel for the private opposite party Nos. 6, 7 & 8. However, Sri Ajay Kumar, learned counsel has accepted notice on behalf of opposite party No. 5 i.e. the District Basic Education Officer, Hardoi.

2. Notably, this Court has passed a detailed and comprehensive order on 19.12.2022 considering the earlier orders passed by this Court on 05.08.2022 and 29.08.2022 wherein the prayer of the present Public Interest Litigation Petition (here-in-after referred to as the 'PIL') has been considered. Therefore, to understand the grievance of the petitioner which has been considered by this Court in earlier orders, the order dated 19.12.2022 is being reproduced herein-below:

“Heard learned counsel for the parties.

The present petition has been filed in the nature of Public Interest Litigation in relation to Gata Nos. 256 and 257 recorded as public utility land in revenue records of Village Tendua, Tehsil-Bilgram, District-Hardoi.

In the petition, it has been stated that the private opposite party Nos. 6 to 8 have destroyed the temple situated in the village as also raised constructions illegally on the said Gatas and also cut certain trees.

Considering the averments made in the writ petition as also the reliefs sought, this Court on 14.07.2022 directed the State counsel to seek instructions in the matter and thereafter, considering the instructions made available by the officer concerned, this Court on 05.08.2022 directed the District Magistrate-Hardoi to file his personal affidavit and in compliance thereof, the District Magistrate, Hardoi filed his personal affidavit, which was taken on record on 29.08.2022 and on the same date, the petitioner also filed supplementary affidavit and after considering the entire facts and circumstances of the case, this Court on 29.08.2022, passed the following order:

“Heard.

On 05.08.2022, following order was passed:

“1. Written instructions provided by learned Additional Chief

Standing Counsel is taken on record.

2. Heard learned counsel for the petitioner and learned Standing Counsel.

3. The present petition in the nature of Public Interest Litigation has been filed with the following main prayer:

“(i) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Party Nos.2, 3, 4 and 5 to restrain the Opposite Party Nos.6, 7 & 8 from destroying the temple, cutting the green trees and making illegal constructions of Guesthouse and shops on Gata No. 256 & 257-Kha, which are recorded as Public utility land in the revenue record.

(ii) Issue a writ, order or direction in the nature of mandamus directing the Opposite Party Nos.2, 3, 4 & 5 to conduct inquiry against the Opposite Party Nos.6, 7 & 8 with regard to occupy of public utility land.”

4. In pursuance of the earlier order dated 14.07.2022, instructions are placed by Mr. Upendra Singh, Additional Chief Standing Counsel, duly signed by Sub Divisional Officer, Tehsildar, Revenue Inspector and Area Lekh Pal, Bilgram, District Hardoi. In the said instructions, it is mentioned that temple in question was 150 years old and said temple was constructed on the Abadi land i.e. Gata No. 257-Kha. The Gata No. 256 was recorded in the name of Ram Janki Temple and Gata No. 257 is recorded as Abadi, Gata No. 253 is recorded as public way and Gata No. 235-Kha is recorded as Usar Land. In the said instructions, it is also mentioned that temple in question was situated over Gata No. 257-Kha, which was recorded as Abadi, therefore, it was demolished by the Village Pradhan with the intention to construct new Ram Janki Temple at Gata No. 256. It is also mentioned that any encroachment is being made by the Village Pradhan by raising his personal building at Gata No. 257 and one Lord Shiva