1. Heard learned counsel for the parties and perused the record.

2. The petitioner herein seeks to challenge the demolition notice dated 6.6.2022 with the contention that the issue relating to the right entitled of the petitioner over the land in question, i.e. Khasra Nos. 95 and 96, new Plot No. 358 situated at Gram Hashpura, Pargana & Tehsil Garhmukhteshwar, District Ghaziabad (present District Hapur) has been decided in a civil suit namely Original Suit No. 196 of 2006 (Omkar Singh and others vs. State of U.P. through Collector and others), decreed ex-parte on 3.11.2020. In the said suit, the State of U.P. and the Gram Sabha were also party alongwith private persons.

3. The copy of the judgment and order dated 3.11.2020 has been brought on record to demonstrate the same.

4. It is submitted by the learned counsel for the petitioner that the judgment and decree dated 3.11.2020 is still in operation, inasmuch as, the application underOrder IX → Rule 13 → "> Order IX Rule 13 CPC filed by the Gram Sabha is pending consideration.

5. The petitioner has raised constructions over the Khasra No. 358 with respect to which, the permanent injunction order dated 3.11.2020 has been passed by the Civil Court. The notice dated 6.6.2022 is, therefore, illegal.

6. It is vehemently contended by the learned counsel for the petitioner that the petitioner has not raised constructions by encroaching upon the contiguous plot namely Khasra No. 359 area 1.1130 hectares which is recorded as 'Pond' in the revenue records.

7. It is stated that the petitioner has submitted a reply dated 15.6.2022 to the impugned notice and the said reply has been brought on record.

8. Considering the above, without entering into the merits of claim of the petitioner, the present writ petition is being disposed of with the direction that the Sub-Divisional Officer, Garhmukhteshwar, District Hapur shall consider the reply submitted by the petitioner to the show cause notice and in order to verify the assertions therein that the petitioner has not encroached upon the public utility land in Khasra No. 359 area 1.1130 hectares, a revenue team shall be constituted to make a spot inspection and demarcation of two contiguous plots of Khasra No. 359 (public utility land) and Khasra No. 358 (the land owned by the petitioner.

9. During the inspection and the demarcation exercise, due opportunity shall be given to the petitioner to present his stand. The demarcation exercise shall be conducted in the presence of the petitioner and other owners/representatives to whom due notice about the date fixed shall be given by the revenue team.

10. The copy of the report of the revenue team shall also be given to the petitioner to submit his objection before the SubDivisional Officer, Garhmukhteshwar, District Hapur.

11. On receipt of the report of the revenue team, after putting the petitioner to notice, a reasoned and speaking order, in accordance with law, shall be passed by the Sub-Divisional Officer, Garhmukhteshwar, District Hapur.

12. The entire exercise shall be completed within a period of two months from the date of receipt of copy of this order.

13. Till the decision is taken by the Sub-Divisional Officer, Garhmukhteshwar, District Hapur in view of the above directions, no coercive measure shall be taken against the petitioner pursuant to the demolition notice dated 6.6.2022.