Court No. - 32
Case :- WRIT - C No. - 28167 of 2004 Petitioner :- Shyam Lal Respondent :- State Of U.P. And Others Counsel for Petitioner :- R.K. Pandey,S.K. Shukla Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pradeep Kumar Srivastava,J.
Supplementary affidavit filed today by learned counsel for the petitioner is taken on record.
Photostat copy of affidavit which was filed by Chief Secretary, Government of Uttar Pradesh in Civil Misc. Writ Petition No. 50581 of 2003 is also taken on record of this petition.
Heard learned counsel for the parties and perused the record. This writ petition has been filed with the following relief:
"(a) to issue a Writ, Order of a direction in the nature of Mandamus directing the respondents not to interfere in the peaceful possession of the petitioner over the plot nos. 2631 Ka area 4-1-0 and plot no. 3248 area 3- 3-0; plot no. 1302 Kha, 1303, 1304Ka given by the grant dt. 01.09.1972 to the petitioner in r/o village Madana, Pargna Karvi, the then Distt: Banda now Distt: Chitrakoot and in respect of village Agarhunda, Tahsil Karvi, Chitrakoot."
Learned counsel for the petitioner has submitted that in identical and similar circumstances this Court in Writ -C No. 50581 of 2003 passed the following order on 20.07.2010:
"In view of the statement made in the counter affidavit filed by the Chief Secretary, Govt. of U.P. Lucknow that the villagers in whose favour the lease was executed to rehabilitate them by the collector, they shall not be disturbed. The petitioner's grievance stands fulfilled.
The writ petition is disposed of in terms of the affidavit given by the Chief Secretary, Govt. of U.P. Lucknow."
Learned counsel further submitted that the aforesaid order was passed in pursuance of the personal affidavit given by the Chief Secretary, Government of Uttar Pradesh. Para Nos. 15, 16 and 17 of the said affidavit are as follows:
"(15) That from the perusal of the aforesaid facts reasons and legal position, it is clear that grant made by the Governor of Uttar Pradesh in the year 1972 through the District Magistrate on 01.09.1972 was within the competence of the State Government, so lease granted in favour of the petitioner, was valid and in accordance with law.
(16) That it is humbly submitted that as the grant made by the Governor through District Magistrate on 01.09.1972 was within the competence under the Indian Forest Act as per Section 23 prior to enforcement of the Forest Conservation Act i.e. 25.10.1980, so there was no occasion or requirement to seek permission from the Forest Department, Government of India.
(17) That the grant made by the Governor through District Magistrate was within the competence of District Magistrate under section 23 of the Act 1980 hence it cannot be said that the lease granted on 01.09.1972 is not valid. The averments made in paragraph no. 4 of the counter affidavit filed by Respondent nos. 3 and 4 i.e. the Forest Department are not based on correct and complete facts and legal position. Therefore, in place of the averments made in the counter affidavit filed by Forest Department, the averments of the instant affidavit may be read as correct."
Learned counsel for the petitioner further submitted that in view of the clear averments made by the Chief Secretary, Government of Uttar Pradesh in his personal affidavit, the petitioner shall also be entitled to get the same relief as has been provided by this Court vide order dated 20.07.2010 in Writ -C No. 50581 of 2003.
Thus, considering the facts and circumstances of the case and keeping in view the order dated 20.07.2010 passed by this Court in Writ -C No. 50581 of 2003 whereby on the basis of statement made in the counter affidavit filed by the Chief Secretary, Government of Uttar Pradesh, Lucknow it was decided that the villagers in whose favour the lease was executed to rehabilitate them by the collector shall not be disturbed.
Learned Standing counsel appearing on behalf of the State has not disputed the factual position.
Accordingly, this petition is also disposed of in terms of the order dated 20.07.2010 passed by this Court in Writ -C No. 50581 of 2003.
Order Date :- 23.1.2019 Bhanu