Court No. - 5
Case :- WRIT - C No. - 11162 of 2018 Petitioner :- Ram Sewak Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dhirendra Kumar Pal,Rajesh Kumar Patel Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Pankaj Naqvi,J.
Heard Sri Dhirendra Kumar Pal, learned counsel for the petitioner, and Sri Abhishek Shukla, the learned Standing Counsel.
This writ petition is preferred against the orders dated 12.7.2017 and 27.1.2018 ejecting the petitioner under Section 122-B of the UPZA&LR Act.
Learned counsel for the petitioner submits that the petitioner is in possession over Gata no. 1751 (area 1.1770 hct), haw no concern with the disputed plot i.e, Gata No. 1752 (pond) (area 0.0930 hct), ends of justice would be met if a fresh direction is issued to the authority concerned to carry out fresh spot inspection and demarcation, subject to objections, if any, by the petitioners.
Learned Standing Counsel and learned counsel for respondent no.4 have no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plots i.e, Gata nos. 1751 and 1752, in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioners, they shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 12.7.2017 and 27.1.2018 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 28.3.2018 N.S.Rathour