Court No. - 18
Case :- WRIT - C No. - 18884 of 2018 Petitioner :- Arjun Singh Yadav Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Yatindra Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Anurag Srivastava, learned Standing Counsel for the State respondents and Shri Diwakar Singh, learned counsel for the Land Management Committee.
Petitioner before this Court is assailing the validity of impugned undated notice issued by Sub Divisional Magistrate, Handia, Allahabad asking the petitioner to remove his possession over the Gata no.684M area 0.091 hectare situated at Village Panchayat Belakhas, Post Sarai Mamrej, Tehsil Handia, District Allahabad.
In response to the order dated 24.05.2018 passed by this Court, Shri Anurag Srivastava, learned Standing Counsel has placed instructions dated 27.05.2018 sent by Sub Divisional Magistrate, Handia, Allahabad. On the basis of averment contained in the said instructin,, he submits that entire action under Section 122-B UPZA&LR Act/67(1) of U.P. Revenue Code 2006 has been initiated against the petitioner pursuant to order dated 27.04.2017 passed in Public Interest Litigation no.17933/2017 (Lal Bahadur vs. State of U.P. and others) wherein the Court has disposed of the aforesaid writ petition asking the Authority concerned to initiate proceeding under Section 122-B of UPZA&LR Act 1950 as allegation has been made against the petitioner that he has encroached upon the public utility land and as such, this Court may not interfere in the matter.
Confronted with this situation, learned counsel for the petitioner states that admittedly the proceeding under Section 122-B UPZA&LR Act is pending and at no point of time, the said proceeding has been finalized and now the impugned notice under Section 136 of U.P. Revenue Code 2006 has been issued asking the petitioner to remove the encroachment over the plot in question whereas at no point of time, the petitioner has encroached over the public utility land in question and as such, till the disposal of the said proceeding, the petitioner may not be dispossessed from his holding.
This Court has proceeded to examine the record in question and finds that admittedly the proceeding under Section 122-B UPZA&LR Act is still pending consideration and the notice has also been issued to the petitioner to remove the encroachment over the land in dispute but in pursuance to the said notice no action has been taken against the petitioner and issuance of said notice would not at all curtail the rights of petitioner to agitate his claim before the Authority concerned.
Considering the entire facts and circumstances of the case, this Court is of the considered opinion that the proceeding, which has been so initiated under Section 122-B UPZA&LR Act, is liable to be decided first and thereafter the proceeding pursuant to impugned notice shall be finalized. In case the petitioner has not filed any objection in the said proceeding, he would be at liberty to file objection within three weeks period and the Competent Authority would proceed to finalize the said proceeding under Section 122-B UPZA&LR Act within further two months period and till finalization of the same, the proceeding pursuant to the impugned notice shall be kept in abeyance.
Order Date :- 31.5.2018 A. Pandey