Court No. - 5
Case :- WRIT - C No. - 10906 of 2018 Petitioner :- Munnu Alias Mannu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Prakash Chaudhary Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Pankaj Naqvi,J.
Learned counsel for the petitioner admits that an assami patta was granted to the petitioner in 1975 in lieu of sterilization and in support thereof relied upon a judgement of this Court in Har Prasad and others vs. Board of Revenue in Writ B No. 6637/2011 decided on 30.8.2016.
Per contra, Sri Rajesh Kumar, the learned standing counsel has placed reliance on the decisions of this Court in Ram Naresh vs. State of U.P. and others (Writ C No. 7373/2012) decided on 17.2.2012 and in Ashok Kumar vs. State of U.P and others (Civil Misc. Writ Petition No.37288/2011) decided on 18.7.2011, wherein this Court held that an assami patta is granted only for 5 years, upon expiry of the same, petitioner has no right to retain possession.
The case cited by the petitioner has no relevance with the present case. The order directing for his ejectment, does not suffer from any perversity / illegality.
The writ petition is dismissed.
Order Date :- 29.3.2018 Chandra