Court No. - 10
Case :- WRIT - C No. - 72008 of 2011 Petitioner :- Ram Nath And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- P.C. Yadav,L.S. Yadav Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Petitioners are before this Court assailing the orders impugned dated 14.6.2011, 7.2.1997 and 14.11.1995 passed by learned Revenue Board, U.P., Allahabad; Commissioner, Azamgarh and Chief Revenue Officer, Jaunpur respectively (Annexure Nos. 1, 1A and 1B to the writ petition). With further request commanding the respondents not to disturb the peaceful possession and occupation of the Gaon Sabha over Plot Nos. 66 and 67 as public utility land.
The status of petitioners are complainant. It appears on the basis of complaint, the cognizance was taken by the competent authority on the ground that the contesting respondent no. 5 and 6 have encroached over the public utility land. The matter travelled upto the Board of Revenue and now the petitioner are before this Court assailing the aforementioned order.
The record in question reflects that due allotment took place in favour of the fifth and sixth respondent, namely, Achchhey Lal and Jiya Lal but subsequently the authorities were of the view as per provisions under Section 198(9) of U.P.Z.A. & L.R. Act, the incumbent may be treated as Aasami whereas the petitioners are disputing the said finding of fact on the ground that the land in question was recorded as pond land. This is admitted situation since very beginning upto all the three stages, the petitioners have not contested and now they are contesting before this Court. The matter is pending since 2011. At no point of time, the notice has been issued even after restoration as such this Court is not inclined to interfere in the matter.
The writ petition sans merit and is accordingly dismissed. Order Date :- 30.1.2019 A.K.Srivastava