Court No. - 44
Case :- WRIT - C No. - 50839 of 2010 Petitioner :- Lady Parsan Kaur Charitable Trust And Anr.
Respondent :- Collector Gorakhpur And Others Counsel for Petitioner :- P.K. Mishra,Tarun Varma Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard Sri Jitendra Shanker Pandey, Advocate holding brief of Sri Tarun Verma, counsel for the petitioners and the learned Standing Counsel for the State-respondents.
The present petition has been filed seeking the following direction:-
"(I) To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents no. 1, 2 and 3 to ensure peaceful possession of petitioner no. 1 over the plots in question i.e. Plot No. 6M having an area 0.134 Hectare, Plot No. 25M having an area 5.953 Hectare, Plot No. 40M having an area 7.822 Hectare and Plot No. 116 having an area 10.032 Hectare situate at Village Bahrampur, Tappa Patara, Pargana Haveli, Tehsil Chauri Chaura, District Gorakhpur at the earliest within a time bound period, under the provisions of Ceiling Act and rules framed thereunder."
Brief facts giving rise to the present petition are that the petitioners claim themselves to be the owners of the property in question by virtue of the same being given by two individuals and the property stands recorded in the name of the trust in question. On 12.1.1968, proceedings were initiated under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 in the name of the persons from whom the trust had acquired the property. The said proceedings were contested and ultimately an order came to be passed on 25.10.1985, whereby the proceedings in question were dropped mainly on the ground that the property stood transferred to the trust even prior to the enforcement of the Act in question i.e.
3rd day of January, 1961.
The said order was challenged in appeal by the State authorities, which was allowed and the matter was remanded, however a writ petition was filed challenging the said remand order before this Court being Writ Petition No. 23641 of 1988 and by means of a common judgment dated 10.5.2001 several writ petitions were decided pertaining to the same property and the order passed by the Appellate Court was set aside. The judgment and order dated 10th May, 2001 was assailed by filing an S.L.P. before the Hon'ble Apex Court, which too was dismissed on 22.7.2002.
The High Court while allowing the writ petition had permitted the petitioners to continue in possession of the land in dispute. The petitioners moved an application dated 3.6.2010 before the Deputy Director of Consolidation requesting that during the pendency of the proceedings several unauthorised persons and Bhu-Mafias have occupied the land in question and steps be taken for getting the same vacated. On failure to find favour with the said representation, the present petition came to be filed.
The proceedings relating to ceiling have already attained finality and are not subject matter of dispute in the present writ petition. The dispute in the present writ petition relates to vacation of the lands alleged to have been occupied by various private persons. There is nothing on record to demonstrate that the State has allotted the said persons any part of the land in question or has permitted the occupation of the land in question.
The present writ petition is simply for eviction of the unauthorised occupants from the property in question. The said persons have not even been impleaded in the present writ petition. I am afraid that no element of public law is involved in the present writ petition warranting the issuance of a mandamus. The petitioners are free to take recourse to their legal rights for eviction of the said unauthorised occupants in accordance with law as may be advised to the petitioner.
The writ petition is disposed off in terms of the said order.
Order Date :- 18.12.2019 SR