Court No. - 5
Case :- WRIT - C No. - 10935 of 2018 Petitioner :- Banwari Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Shukla Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Pankaj Naqvi,J.
Heard Sri Om Prakash Shukla, learned counsel for the petitioner, Sri Manoj Kumar Yadav, learned counsel for the Gaon Sabha and Sri Abhishek Shukla, the learned standing counsel.
This writ petition is preferred against the orders dated 28.8.2017 and 29.1.2018 ejecting the petitioner under Section 122-B of the UPZA&LR Act.
Learned counsel for the petitioner submits that the petitioner is in possession over plot no. 395, has no concern with the disputed plot, ends of justice would be met if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioner.
Learned Standing Counsel and learned counsel for respondent no.4 have no objection.
This writ petition is disposed of with the direction to the competent authority concerned to carry out fresh spot inspection and demarcation of the plot in dispute, in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 28.8.2017 and 29.1.2018 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 27.3.2018 RS