Court No. - 38
Case :- WRIT - C No. - 41651 of 2018 Petitioner :- Ramesh Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Prakash Garg Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Shri Chandra Prakash Garg, learned counsel for the petitioner and learned Standing Counsel for the State- respondents no. 1, 2 & 3. Shri Diwakar Singh appears for Gaon Sabha-respondent no. 4.
The grievance raised in this writ petition is with regard to an order passed under Section 136 of the U.P. Revenue Code, 2006 dated 2.7.2018 by which the petitioner has been directed to remove his effects from Gata No. 393 as the same is Gaon Sabha land and has been asked to furnish his explanation with regard to his occupation over the said land.
Learned counsel for the petitioner submits that earlier a proceeding under Section 122-B of the U.P.Z.A. & L.R. Act was initiated against the petitioner's father Ram Lakhan being Suit No. 187/352 year 1994-1996-Gaon Sabha Vs. Ram Lakhan with regard to Gata No. 403, the new number is 392, and it was settled in favour of the father of the petitioner. Now a notice has been issued for Gata No. 393. The claim of the petitioner is that in the garb of notice for Gata No. 393 the respondents are proceeding to demolish the construction of the petitioner situated on Gata No. 392. The petitioner has already furnished his explanation on 5.7.2018 upon which no orders have been passed and the respondents are threatening to demolish the house of the petitioner situated on Gata No. 392.
The writ petition is disposed of with the direction that the appropriate authority may pass order in accordance with law consider the explanation furnished by the petitioner and till then no interference shall be made to the effects of the petitioner situated on Gata No. 392.
Order Date :- 20.12.2018 Sunil Kr. Gupta (Vivek Varma, J.) (Abhinava Upadhya, J.)