Court No. - 18
Case :- WRIT - C No. - 15168 of 2018 Petitioner :- Bade Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Kumar Tiwari,Pradeep Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Standing Counsel for the State respondents.
Petitioner is before this Court with the request to command the respondents not to dispossess the petitioner from the Gata no.367 and Gata no.358 situated in Village Mahgaon Uparhar, Pargana & Tehsil Chayal, District Kaushambi except in accordance with law.
Learned counsel for the petitioner, in support of his submission, has placed reliance on the judgement and order dated 16.03.2011 passed by the Division Bench of this Court in Writ C No.14336/2011 (Ram Krishna vs. State of U.P. and others) wherein Division Bench of this Court has taken into consideration the facts and circumstances of the case and it has been held that without drawing appropriate proceeding under Section 122-B of U.P.Z.A.&L.R. Act 1950/67 of U.P. Land Revenue Code 2006, the respondents cannot evict/dispossess petitioner from the Gaon Sabha Land. He further apprised to the Court that in similar circumstances, this Court has passed various orders and the same are appended as Annexure-2 to the Writ Petition and in this backdrop, it is prayed that relief to the similar effect shall be accorded to the petitioner also.
Learned Standing Counsel has not disputed the legal as well as factual aspect of the matter.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, as relief has been provided to the similarly situated incumbents by this Court, this Court proceeds to direct that the petitioner shall not be dispossessed from the land in dispute without drawing appropriate proceeding under Section 122-B of U.P.Z.A.&L.R. Act 1950/67 of U.P. Land Revenue Code 2006, or suit for ejectment.
With these, Writ Petition is disposed of.
Order Date :- 26.4.2018 A. Pandey