Court No. - 18
Case :- WRIT - C No. - 14960 of 2018 Petitioner :- Jukkhan Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Srivastava,Atul Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Petitioner is before this Court assailling the validity of the order dated 09.12.2016 passed by the Tehsildar, Tehsil Sadar, District Bareilly (third respondent) under Section 122-B, whereby he has proceeded to direct that petitioner may be evicted from the part of pond land of Gata no.172, and order dated 22.02.2018 passed by District Magistrate/Collector, District Bareilly (second respondent) by which he has confirmed the order dated 09.12.2016.
Learned counsel for the petitioner precisely submits that at no point of time any actual demarcation has taken place and without any spot inspection or survey by the Revenue Authorities, the order dated 09.12.2016 has been passed. He further made submission that over the land in dispute, there is a house bearing no.43 is situated since the last 50 years and at no point of time, possession of the said property has been handed over by the petitioner.
Matter requires consideration by this Court.
Learned Standing Counsel has accepted notice on behalf of State respondents.
Issue notice to fourth respondent. Steps be taken within a week returnable at an early date.
All the respondents are accorded four weeks' time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit. List thereafter.
Until the next date, the status quo as of today shall be maintained by the parties.
Order Date :- 25.4.2018 A. Pandey