Court No. - 18
Case :- WRIT - C No. - 14671 of 2018 Petitioner :- Mahesh and 2 others Respondent :- State Of U.P. and another Counsel for Petitioner :- Arvind Kumar Bhardwaj,Hemlata Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and learned Additional Chief Standing Counsel for both the respondents.
The petitioners are before this Court with request to issue direction to the respondents not to dispossess them except in accordance with law from the Khata No.209 of Plot Nos.385M, 387 and 415, total area 8-12-2 (having 2/3rd share of the petitioners total area 5-18-17-1/3) situated in village Saurikh Jahidabad, Pargana and Tehsil Dadri, District Gautam Budh Nagar and to decide their representations dated 26.12.2017.
Learned counsel for the petitioners submits that in case the petitioners are illegal encroacher over the public utility land, then for the said purpose full fledged mechanism is provided in the UPZA&LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act 2006 and as such, request has been made that direction may be issued to the respondents not to evict the petitioners without following the due procedure provided under law. In support of his submission, he has placed reliance on the judgement and order dated 16.03.2011 passed by the Division Bench of this Court in Writ C No.14336/2011 (Ram Krishna vs. State of U.P. and others) wherein a Division Bench of this Court has taken into consideration the facts and circumstances of the case and held that without drawing appropriate proceeding under Section 122-B of U.P.Z.A. and L.R. Act, the respondents cannot evict/dispossess petitioners from the Gaon Sabha Land.
Learned Standing Counsel has not disputed the legal as well as factual aspect of the matter.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the writ petition is disposed of with the direction upon the respondents not to take any action of eviction/dispossession of the petitioners from the land in dispute without finalizing the proceedings under Section Section 122B of UP ZA & LR Act/ Section 67 of the U.P. Revenue Code, 2006.
Order Date :- 24.4.2018 RKP