JUDGMENT :

(Rajesh Singh Chauhan, J.)

1. Heard Sri Vinay Kumar Tiwari, learned counsel for the petitioner and Sri Yogesh Kumar Awasthi, learned Standing Counsel for the State-respondents no.1, 2 & 3. Notice for opposite party no.4/Gaon Sabha has been accepted by Sri Pankaj Gupta.

2. Sri Ganesh Nath Mishra, learned Advocate, has filed Vakalatnama on behalf of opposite party no.5, the same is taken on record.

3. By means of this petition, the petitioner has prayed following main reliefs:-

"(i) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties/Authorities concern to ensure release of Gaon Sabha Land i.e. Gata No. 653/0.1980 hectare, recorded as Rasta in the revenue record situated in Village -Veshahupur, Motiganj, Seeha Gaon, Gonda, which are recorded as public utility land in the revenue record, from illegal encroachment of the land grabbers and restore it to its original shape.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to initiate inquiry against inaction on the part of the authorities concern in not removing encroachment from Gaon Sabha Land i.e. Gata No. 653/0.1980 hectare, recorded as Rasta in the revenue record situated in Village -Veshahupur, Motiganj, Seeha Gaon, Gonda which are recorded as public utility land in the revenue record, from illegal encroachment of the land grabbers, in order to punish the guilty persons/authorities."

4. At the very outset, Sri Ganesh Nath Mishra, learned counsel for opposite party no.5 has raised objection to the effect that the present petitioner has not disclosed his complete credentials in terms of the High Court Rules, therefore, this PIL may be dismissed on this ground alone. Replying to the aforesaid contention, learned counsel for the petitioner has drawn attention of this Court towards paragraph nos.4, 5 & 6 of the writ petition wherein he has disclosed his credentials strictly in accordance with law in view of the High Court Rules.

5. Having considered the aforesaid paragraphs of the writ petition i.e. paragraph nos.4, 5 & 6, I find that the present PIL is maintainable so for as the prayer of the writ petition is concerned.

6. Sri Yogesh Kumar Awasthi, learned Standing Counsel has produced instructions letter dated 14.05.2023 preferred by the Sub Divisional Officer, Sadar, Gonda addressing to the Chief Standing Counsel of this Court enclosing therewith the comments, order dated 14.05.2023 passed by the Sub Divisional Officer, Sadar, Gonda, spot inspection report, statement of the villagers, Naksha Nazari, copy of Khetauni, other documents and copies of the recall applications dated 04.05.2023 preferred by opposite party no.5 and other persons, same are taken on record.

7. Before adverting to the issue in question, the Court puts its displeasure on record regarding casual and callous approach of the competent revenue authority who despite the specific order being passed on 25.11.2008 has not taken proper and positive efforts and endeavour to vacate/remove the illegal encroachment from the public utility land, if any, against that encroachment. Therefore, it is expected that the District Magistrate, Gonda shall look into this aspect and shall pass appropriate orders on the administrative side since this Court time and again has directed in couple of petitions of Public Interest Litigation that if there is any illegal encroachment over any public utility land, the same should be removed forthwith and if any order to remove the illegal encroachment is passed, the same shall be executed forthwith, strictly in accordance with law. Notably, in the present case, the order dated 25.11.2008 has not been executed till date and applications for recall of the order dated 25.11.2008, which have been filed after about 15 years, have been entertained by the Tehsildar (Judicial), Gonda and said applications have been kept pending. Since the recall applications have been filed by some of the villa