Court No. - 5
Case :- WRIT - C No. - 33839 of 2021 Petitioner :- Smt.Ramwati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sangam Singh Counsel for Respondent :- C.S.C.,Sher Bahadur Singh
Hon'ble Siddhartha Varma,J.
The petitioner was served with a notice under Section 67 of the U.P. Revenue Code, 2006, alleging that he had illegal possession over the Gaon Sabha land comprising plot no. 577M and 583M.
The petitioner objected to the notice and stated that, in fact, the petitioner was having possession over the plots in question since the year 1995 and, therefore, she had perfected his right under Section 122B (4F) of the U.P. Z.A. & L.R. Act, 1950. However, the order dated 31.10.2018 was passed by the Assistant Collector/Tehsildar, Sadar, Bareilly, directing the petitioner to remove his possession from over plots in question and also to pay damages to the tune of Rs. 99,000/-.
The petitioner, thereafter, filed an Appeal being Appeal No. 205 of 2020 (Computerized Case No. D202012130000205) which when was dismissed on 3.9.2020, the petitioner filed a Revision before the Board of Revenue, Lucknow, which was also dismissed on 3.8.2021. Aggrieved thereof, the instant writ petition has been filed.
Learned counsel for the petitioner has submitted that nowhere in the orders of the Assistant Collector and the District Magistrate the objection of the petitioner with regard to her possession and her objection with regard to her entitlement under Section 122B (4F) of the U.P.Z.A. & L.R. Act, 1950, had been considered.
Learned counsel for the petitioner states that even though the Appellate Court adverted to the argument of the petitioner that the petitioner ought to have been granted the benefits of provisions of the Section 122B(4F) of the U.P.Z.A. & L.R. Act, 1950, but in the judgement no consideration of the arguments had been made.
Learned Standing Counsel opposed the writ petition but could not deny the fact that the case of the petitioner with regard to Section 122B (4F) of the U.P.Z.A. & L.R. Act, 1950, had not been considered.
Under such circumstances, the order dated 31.10.2018 passed by the Assistant Collector, First Class/Tehsildar, Sadar, Bareilly, the order dated 3.9.2020 passed by the District Magistrate/Collector, Sadar, Bareilly and the order dated 3.8.2021 passed by the Board of Revenue are quashed.
The matter is remanded back to the Assistant Collector, Sadar, Bareilly, who shall after considering the provisions of Section 122B(4F) of the U.P.Z.A. & L.R. Act, 1950, and after considering the case of the petitioner that she had been in possession over that plot in question from before 1995 pass orders within a period of three months from the date of production of a certified copy of this order.
With these observations, the writ petition stands partly allowed.
Order Date :- 20.12.2021 PK (Siddhartha Varma,J.)