Sudhir Agarwal, J.

1. Pursuant to the order dated 21.12.2010, Ms. Leena Jauhari, Secretary (Home), Government of U.P., Lucknow and Sri Karamveer Singh, Director General of Police, U.P. Lucknow are present.

2. Secretary (Home) has also filed an affidavit giving information on some of the aspect mentioned in the Courts order dated 02.12.2010.

3. Sri S.G. Hasnain, learned Additional Advocate General stated that in respect to other aspect of the matter and for the stand of the Government, mentioned in para 29 of the judgment dated 02.12.2010, he want some further time. He stated that a draft bill suggested by U.P. Law Commission has been received by the Government and it is under hectic consideration by Law Department of Government. He also annexed a chart of criminal cases involving prosecution under Prevention of Damage to Public Property Act, 1984 for last 10 years. In most of the cases, trial is pending on account of non completion of the evidence of witnesses.

4. State Government, it appears, in compliance of this Courts order dated 02.12.2010 has also issued Government Order on 8th January, 2011 containing certain directions as well issued by this Court in its order dated 02.12.2010 and has also nominated Additional District Magistrate in all the Districts as competent authority to take action under Prevention of Damages to Public Property Act, 1984. He suggested that on account of delay in criminal prosecution pending in the Court these cases are not being decided expeditiously, therefore, preventive action is not much effective. He, however, states on the instructions that Government shall instruct the Prosecuting Officer to request concerned Court for expeditious disposal of cases involving 1984 Act, particularly, where peoples representatives are involved. He seeks some further time to place on record some more details in the matter before this Court.

5. As prayed, put up this matter on 17th February, 2011 on which date he shall also produce relevant record of the Govt. dealing with the matter pursuant to the Apex Court directions contained in the judgment of Destruction of Public and Private Properties v. State of Andhra Pradesh and Ors. : JT 2009 (6) SC 1 [LQ/SC/2009/886] to show as to what action thereafter has been taken by the Government in furtherance thereof. He also pointed out that out of 588 cases, in 6 cases, Government has filed application for withdrawal of the cases. Details of these cases, as to who are the persons against whom the prosecution were initiated in those cases and what amount of public loss occurred shall be placed on record by way of an affidavit by the next date.

6. Chart, filed as Annexure 1 to the affidavit of Respondent No. 1 shall be made available to Registrar General, who shall communicate the details of the cases of the relevant district to the concerned District Judges with request to take steps for deciding those matters on priority basis unless there is any other legal obstruction in deciding the those matters i.e. stay by higher court etc.. Registrar General shall also furnish a copy of the judgment of Apex Court in Destruction of Public and Private Properties v. State of Andhra Pradesh and Ors. : JT 2009 (6) SC 1 [LQ/SC/2009/886] for perusal of concerned Judicial Magistrates dealing with cases under Prevention of Damage to Public Property Act,1984 to apprise them about direction contained therein concerning judiciary.

7. Personal appearance of the two officers i.e. Secretary (Home) and Director General of Police exempted until required otherwise.

8. A copy of this order shall be made available to the Chief Standing Counsel within 48 hours.