Court No. - 7
Case :- WRIT - C No. - 39215 of 2018 Petitioner :- Shri Krishna Murari And Another Respondent :- State Of U P And Another Counsel for Petitioner :- Ramesh Chandra Singh,Narayan Dutt Shukla Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Petitioners claim to be in possession of the land that forms subject matter of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 in respect of Plot No. 264/2/4.9, 227/3/0.67 and 227/2/1.69 (new plot no. 44 Kha and 42) situated in village Jangal Belwa, Tappa Chaura Badgaon, Pargana Sidhwa Jobna, Tahsil Padrauna, District Kushinagar.
2. It is submitted that petitioners filed their objections under Section 11(2) of the aforesaid Act on 22nd June, 2017 before the prescribed authority/respondent no. 2. It is then submitted that though some proceedings have been conducted pursuant to the aforesaid objections, however, no final order has yet been passed. In such circumstances, it has been asserted in paragraph no. 15 that the respondents are trying to take forcible possession of the aforesaid land during the pendency of the objections.
3. In this regard reliance has been placed on the decision of a Division Bench of this Court in Dilbagh Singh Vs. State of U.P. & Another 1978 RD 230, wherein it has been held that a tenure holder in possession, may not be dispossessed during pendency of his objection. Further reliance has been placed on numerous orders passed by different Benches of this Court applying the aforesaid principle.
4. Considering the above, no useful purpose would be served in keeping the present petition pending any further. It is disposed of with a direction that respondent no. 2-prescribed authority shall ensure that the objection filed by the petitioner dated 22.06.2017, if the same are pending, may be decided by a reasoned and speaking order, as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order after affording due opportunity of hearing to all necessary parties.
5. For a period of three months from today, or till decision is made by the prescribed authority, the petitioners shall not be dispossessed if they continue to be in possession of the land.
Order Date :- 30.11.2018 S.Chaurasia