Court No. - 6
Case :- WRIT - C No. - 77083 of 2005 Petitioner :- Asha Ram Respondent :- Subedar And Others Counsel for Petitioner :- Bhanu Bhushan Jauhari Counsel for Respondent :- S.C.,R.B.Gaur,Sandeep Gaur,V.K. Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, Sri Gaur for the private respondents and the learned Standing Counsel.
This petition impugns orders in terms of which a complaint/application made by the petitioner referable to Section 122-C(6) questioning the allotment of a housing site in favour of the private respondents has come to be dismissed.
The respondents have noted that the respondent Nos. 1 to 3 were allotted a housing site admeasuring 0.008 hectares of a plot which was of a total area of 2.27 Acres. The claim of the petitioner was that he had also built a house thereon and that the land was liable to be settled in his favour in light of the provisions made in Section 123 of the U.P. Z.A.&L.R. Act 1950.
At the very outset it must be noted that proceedings under subsection (6) of Section 122-C are really not declaratory proceedings nor are they intended to be a forum for recognition of rights that the petitioner's claim had accrued in his favour. The principal issue which is liable to be considered in terms of Section 122-C(6) is whether the allotment made in favour of the private respondents was valid. Insofar as the validity of the allotment is concerned, both the authorities below have come to conclude that no irregularity had been committed. The Court then notes that the claim of the petitioner rests on Section 123 of the Act. In view of the above conclusion, Sri Jauhari learned counsel for the petitioner states that it be left open for the petitioner to establish and assert his rights as stated to flow from Section 123.
In view of the above and subject to the liberty as sought being reserved, and since the Court finds no palpable error in the orders impugned, the petition is dismissed.
Order Date :- 25.7.2019 faraz