In proceedings under Section 122-B of the U.P.Zamindari Abolition & Land Reforms Act an order of eviction has been passed against the petitioner from the land in dispute which is about 20 Sq.m. of Gata No. 572 situate in Village Jinaihara. The petitioners revision against the said order has also been dismissed. Apart from the said order of eviction petitioner has been directed to pay damages of Rs. 2,13,000/-.
From the perusal of the averments made in the writ petition as well as in the impugned order it appears that petitioners are claiming to be in possession of the land in dispute on the basis of some allotment alleged to have been made by Gram Sabha Mirhaichi alleged actual owner of the land in dispute. On the contrary the land is situate in Village Jinaihara and the impugned order records that it is recorded in the name of the Gaon Sabha Jinaihara. In view of the aforesaid facts and circumstances the matter requires clarification as to which Gaon Sabha exercises jurisdiction over the said land.
Shri D.D.Chauhan appearing for respondent no. 4 and 5 may file counter affidavit specifically stating as to which Gaon Sabha the land in dispute belongs and whether any allotment of the said land was ever made by the concerned Gaon Sabha in favour of the petitioner.
As far as the damages concerned, there appears to be no basis for imposing such a heavy amount of damages.
In view of the above as far as the damages are concerned petitioner is entitled for an interim order.
List after two weeks during which period counter affidavit as directed may be filed by respondent no. 4 and 5. Untill further orders of this Court, the realisation of the damages imposed by the impugned orders as against the petitioner shall remain stayed.
Order Date :- 29.1.2010 ARS