Having heard learned counsel for the parting and having perused the records, considering the stand of the opposite parties that consequent to the orders of the Court when demarcation exercise was conducted, it was found that the petitioner had encroached upon the land forming part of villageMalesemau for which petitioner had no other rights but taking into consideration the fact that in the demarcation proceedings under Section 24, the pillars were put and within the precincts of the boundaries as earmarked in the said proceedings, the petitioner claims to have undertaken construction though the stand of the L.D.A. is that the petitioner has subsequently encroached on the land falling in Village-Malesemau even beyond the said pillars, we are of the opinion that till the next date of listing, the petitioner's construction existing within the pillars put by the revenue authorities in the proceedings under Section 24 shall not be demolished. However, if there are any constructions beyond the said demarcation then our orders shall not come in the way of the opposite parties in taking suitable action as per law. This is necessary for the reason that L.D.A.'s application for recall of the order passed under Section 24 is pending. A direction is issued to the S.D.M/ A.D.M. to consider the said application objectively, independently and as per law uninfluenced by any observations made herein or any report having been filed herein in pursuance to our order as that was for our prima facie satisfaction under Article 226 of the Constitution of India.
