JUDGMENT :

1. Heard Shri Jayant Prakash Singh, learned counsel for the petitioner, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri Ankur Tandon, learned counsel for the respondent no.1 and Shri Rajeshwar Tripathi, learned Standing Counsel for the respondent nos.2 to 7.

2. This matter is being heard since 01.03.2023. Despite demarcation report dated 30.05.2022 submitted by revenue authorities after demarcation, the police authorities of Police Station-Hazratnagar Garhi, Tehsil and District-Sambhal have not vacated their illegal and unauthorized possession from the land of the petitioner and other land owners of Khasra Plot Nos. 275, 277 and 278. Consequently, this Court passed orders dated 18.04.2023, 02.05.2023 and 23.05.2023 requiring the respondents to file counter affidavits/personal affidavits and respond to the allegations of the petitioner of threats to him by the local police to implicate him in false case and to demolish his construction. Thereafter, referring to the aforesaid orders dated 01.03.2023, 18.04.2023, 02.05.2023 and 23.05.2023, this Court passed a detailed order dated 24.05.2023 incorporating the facts and circumstances, evidences and admitted case of the respondents that they encroached over 'bhoomidhari' land of individuals, of Khasra Plot No. 275 to the extent of 0.0385 hectare, Khasra Plot No. 277 measuring 0.161 hectare and Khasra Plot No. 278 measuring 0.016 hectare, as evident from the report of tehsil authorities appearing at page no.18 of the counter affidavit of the respondent no.3 dated 29.04.2023. Paragraphs no.4 to 12 of the order dated 24.05.2023 passed by this Court incorporating the facts and evidences on record, are reproduced below:

“4. It is admitted case of the respondents that the Police Department is owner of merely Khasra plot No. 276/2 (276 Kha) measuring 0.047 hectares of Village-Hazrat Nagar, Garhi, Tehsil and District-Sambhal, which is recorded in the Revenue records in the name of Police Station-Hazrat Nagar, Garhi. The police has encroached and grabbed land of several individuals including the petitioner. After the orders were passed by this Court as aforequoted, the State-respondents have vacated the land of the petitioner bearing Khasra Plot No. 275 to the extent of 0.0385 hectares. Despite insistence of other individuals land owners to vacate their land, the respondents continued to be an illegal and unauthorized occupation of land of Khasra Plot No. 277 measuring 0.0161 hectares and Khasra Plot No. 278 measuring 0.016 hectares. It prima facie appears that under pressure of the Police Authorities or on their own, the respondent nos. 3 & 6, namely District Magistrate-Sambhal and Tehsildar-Sambhal have very conveniently suppressed the fact of illegal and unauthorized occupation of the Police Department over the lands of individuals, which fact is emerging from the report of the Lekhpal appearing at page 19 and 20 of the affidavit dated 29.4.2023 filed by the respondent no. 3.

5. In his affidavit dated 22.05.2023, the Superintendent of Police, Sambhal has also concealed this material fact and despite having knowledge that the Police has illegally and unauthorizedly encroached and grabbed the land of individuals being part of Khasra Plot No. 275 measuring 0.0385 hectares, Khasra Plot No. 277 measuring 0.0161 hectares and the Khasra Plot No. 278 measuring 0.016 hectares, total 0.2155 hectares, he filed the affidavit dated 22.05.2023 showing ignorance of the Police Department regarding illegal and unauthorized encroachment/land grabbing and despite having knowledge of illegal, unauthorized encroachment over Khasra Plot Nos. 277 and 278, he has not made any effort to get it vacated and instead suppressed this fact in his affidavit and made clear attempt to mislead this Court.

6. Likewise, the respondent no. 3 i.e., District Magistrate, Sambhal, in his personal affidavit dated 22.05.2023 suppressed the fact of illegal and unauthorized encroachment/land grabbing