So far as the argument of the petitioner that there is already a provision under Section 67 of U.P. Revenue Code, 2006 which provides aggrieved persons including the gram sabha for vacation and removal of the encroachment and also the provisions under Section 136 of the U.P. Revenue Code, 2006 which provides removal of encroachment by trespassers are concerned, I am of the opinion that the proceedings under the The Prevention of Damage to Public Property Act, 1984 distinct from the matters which are covered under the Revenue Code wherein the provisions of eviction has been provide and recovery of damages on account of unauthorized occupation and use of land belonging to the State under the management of Gram Sabha. The procedures provided in the Revenue Code are summary in nature and are purely civil remedy with no criminality attached with, whereas the act of the petitioner prima facie constitutes a "mischief" within the meaning of Section 2(a) of the The Prevention of Damage to Public Property Act, 1984, wherein the definition of the word "mischief" has been assigned as the same meaning has given in Section 425 of Indian Penal Code. This act of the petitioner will constitute a criminal offences under Section 3 of the Act and shall be liable for penal consequences i.e. imprisonment and fine.
