Court No. - 19
Case :- WRIT - C No. - 24247 of 2021 Petitioner :- Hattu And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shashi Prakash Giri Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava
Hon'ble Saurabh Shyam Shamshery,J.
This writ petition has been filed seeking following reliefs:
"1. Issue a writ, order or direction in the nature of certiorari quashing the order dated 01.3.2021 passed by the respondent No.2, as the land in dispute was granted to the father of the petitioners as Sirdari lease/Patta on 25.7.1969 by the respondent No.4 and the petitioners have mutated their right as tenure holder with transferable right upon the land in dispute by the provision of law of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 and Uttar Pradesh Revenue Code, 2006.
2. Issue any other suitable writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
3. Award the cost of the petition to the petitioners."
Manish Kumar Pandey, Advocate holding brief of S.P. Giri, learned counsel for the petitioners contended that lease was granted in favour of the petitioners' father in the year 1969, therefore, the title of the petitioners is perfect and any action against them for dispossession, is barred by limitation as provided under Section 198 of U.P.Z.A. and L.R. Act. Therefore, the impugned order passed by the Sub Divisional Officer, whereby by an administrative order, the petitioners are declared to be unauthorised occupants and therefore further direction to auction the standing crops on the land is also illegal.
From the averments made in the writ petition as well as from the records available along with the writ petition, it appears that certain proceedings were undertaken by some villagers who also alleged to be lease holders in the part of land in dispute and an order of status quo was passed by this Court also and there are certain civil proceedings pending before the Civil Court also.
In view of the above, since there are various disputed questions arises for consideration before this Court, therefore, the writ jurisdiction under Article 226 of the Constitution of India cannot be invoked.
The petitioners have a right to get their title perfected by taking appropriate proceedings provided under the U.P. Land Revenue Code, 2006 but till date no such proceedings are undertaken and such relief cannot be granted to the petitioners in this writ petition. However, petitioners are at liberty to initiate appropriate proceedings under the U.P. Revenue Code, 2006 for redressal of their grievances.
Meanwhile, the respondents State authorities are also at liberty to take appropriate proceedings against the petitioners as prescribed under law if they are in unauthorised possession of the land in question.
Taking note of the submission of learned counsel for the petitioners that presently there are standing crops on the land which are still not auctioned despite the impugned order. If it is so, the State authorities are directed to permit the petitioners to cut at least 50 percent of the standing crops on the land and the remaining 50 percent of crops can be auctioned as directed by the impugned order.
The writ petition is disposed of accordingly.
Order Date:-24.9.2021 SB