Court No. - 18
Case :- WRIT - C No. - 15454 of 2018 Petitioner :- Renu Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Dinesh Kumar Mishra, learned counsel for the petitioner; Sri Abhishek Shukla, learned Standing Counsel for the respondents no. 1 to 4 and Sri M.N. Singh, learned counsel for the respondent no.5.
The petitioner is before this Court with request to issue direction to the respondents not to dispossess him from Plot No.1141 situated in village Naya Gaon, Tehsil Sikandarabad, District Bulandshahar.
Learned counsel for the petitioner submits that in case the petitioner is illegal encroacher over the public utility land, then for the said purpose full fledged mechanism is provided in the UPZA&LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act 2006 and as such, request has been made that direction may be issued to the respondents not to evict the petitioners without following the due procedure provided under law. In support of his submission, he has placed reliance on the judgement and order dated 16.03.2011 passed by the Division Bench of this Court in Writ C No.14336/2011 (Ram Krishna vs. State of U.P. and others) wherein a Division Bench of this Court has taken into consideration the facts and circumstances of the case and held that without drawing appropriate proceeding under Section 122-B of U.P.Z.A. and L.R. Act, the respondents cannot evict/dispossess petitioners from the Gaon Sabha Land.
Learned Standing Counsel has not disputed the legal as well as factual aspect of the matter.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the writ petition is disposed of with the direction upon the respondents not to take any action of eviction/dispossession of the petitioner from the land in dispute without finalizing the proceedings under Section Section 122B of UP ZA & LR Act/ Section 67 of the U.P. Revenue Code, 2006.
Order Date :- 30.4.2018 RKP