Court No. - 9
Case :- WRIT - C No. - 23575 of 2019 Petitioner :- Rasheed Ahmad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhai Saxena Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Prakash Padia,J.
Heard Sri Abhai Saxena, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of respondent nos. 1 to 3 and Sri Rajesh Kumar Yadav, Advocate holding brief of Sri Arun kumar Srivastava on behalf of respondent no. 4.
The petitioners had preferred the present writ petition with the following prayers:-
"(a)issue a writ, order or direction in the nature of mandamus, directing the respondent Tehsildar not to demolish the petitioners' dwelling houses situated over Gata No. 222, Village Patwai, Post Shahbad, district Rampur.
(b)issue a writ, order or direction in the nature of mandamus, directing respondents not to evict petitioners from the residential plots situated over Gata No. 222, Village Patwali, Post Shahbad, District Rampur."
Vide order dated 22.07.2019 learned Standing Counsel was directed to obtained the instructions in the matter specially in respect of the averments contained in paragraphs 15 and 16 to the writ petition.
Written instructions received from the office of District Magistare, Kanpur was placed by the learned Standing Counsel before this Court,the same is taken on record.
It is stated in the instructions that the land in dispute is recorded in the revenue records as Tahkhana. It is further contended that petitioner no. 2 is absolutely not concerned in respect of Gata No. 222. He has illegally encroached the aforesaid land.
Facts in brief as contained in the writ petition are that Gata No.
222 situated in Gram Sabha Patwai, Post Shahbad, District Rampur is a Gram Sabha land and the Patta was given by the Gaon Sabha in favour of petitioners, after approval of Sub Divisional Magistrate on 11.05.1999.
Pursuant to the aforesaid Patta the possession of the land was also given to the petitioners. It is contended that on the basis of a report submitted by the Lekhpal, a case was registered under section 122-B of the U.P. Zamindari Abolition & Land Reforms Act, 1952 against the petitioners. In this regard notices were also issued under section 49-Ka to the petitioners.
After hearing the parties, the Tehsildar passed an order dated 20.11.2006 rescinded the notice issued to petitioners under section 49 Ka and directed the Land Management Committee that if there is any illegality in allotting Patta he may file proper application for ejectment.
It is contended in paragraph 13 of the writ petition that after the order dated 20.11.2006 was passed by the Tehsildar, as per knowledge of the petitioners, no proceeding were initiated by the respondents till date.
From perusal of the record it is clear that petitioners were granted Patta from the Gaon Sabha after the approval was granted by the Sub Divisional Magistrate on 11.05.1999. Thereafter the possession of the land was also given to the petitioners. Petitioners are still in possession over their plots which were allotted to them by the Gaon Sabha. In the order passed by the Tehsildar dated 20.11.2006 findings were duly recorded that in case there was any illegality in respect of allotment of Patta in favour of the petitioners, the Land Management Committee is free to take appropriate action in the matter by way of filing a proper application before appropriate authority. It further reveals from perusal of the record that till date no further proceedings were initiated by the Land Management Committee pursuant to the order dated 20.11.2006 passed by Tehsildar.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the present writ petition is being disposed of finally at the admission stage directing the respondents not to evict the petitioners from their land and houses situated in the plots allotted to them by the Gaon Sabha in the year 1999 except in accordance with law.
With the aforesaid, the writ petition is disposed of.
Order Date :- 26.8.2019 Swati