Court No. - 36
Case :- WRIT - C No. - 903 of 2019 Petitioner :- Ram Autar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamlesh Tiwari Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mrs. Sunita Agarwal,J.
The order of eviction of the petitioner from Khasra Plot No.490 area 0.760 Hectares, is being challenged in the present petition with the assertion that the claim of the petitioner for settlement of the said land under Section 123(1), being belonging to landless agricultural labourers has not been considered.
Submission is that 'Banjar' land does not come within the meaning of public utility land under Section 132 of the U.P. Z.A. & L.R. Act. At the most, it can be said to be a land vested in the Gram Sabha under Section 117 of the U.P. Z.A. & L.R. Act which can be settled in favour of the person who falls within the eligibility criteria under Section 122-C of U.P. Z.A. & L.R. Act.
The matter requires consideration.
Learned counsel appearing for the respondent-Gram Sabha prays for and is granted three weeks time to file counter affidavit. Learned Standing Counsel shall also file counter affidavit in the meantime. One week, thereafter, is granted to file rejoinder affidavit.
List on 27.2.2019.
Till the next date of listing, the petitioner shall not be evicted from the site in question.
Order Date :- 29.1.2019 Jyotsana