Court No. - 5
Case :- WRIT - C No. - 11261 of 2018 Petitioner :- Dayaram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Upadhyay,Vinod Kumar Upadhyay Counsel for Respondent :- C.S.C.,Rajesh Yadav Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the parties.
This writ petition is preferred against the orders dated 29.4.2017 & 30.11.2017 / 19.12.2017 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 a plot, which 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 concern to carry out fresh spot inspection and demarcation of the plot no. 329-Ka (area 0.009 hct), 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 29.4.2017 & 30.11.2017 / 19.12.2017 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 28.3.2018 Chandra