Court No. - 9
Case :- WRIT - C No. - 30543 of 2019 Petitioner :- Tejpal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Pandey Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The instant writ petition has been filed challenging the order dated 13.03.2019 passed by the Board of Revenue and the order dated 25.10.2018 passed by the Additional Commissioner and the order dated 25.07.2016 passed in suit under Section 229B filed by the petitioner.
It appears that the petitioner sought a declaration in his favour on the basis of long standing possession over land which is recorded as Banjar. It is therefore land of the Gaon Sabha.
The suit has been dismissed concurrently by the three court below on the finding that the petitioner does not belong to the Scheduled Caste and therefore, he cannot acquire any title by adverse possession against the Gaon Sabha.
Upon hearing counsel for the petitioner and upon perusal of the ordersheet I do not find any illegality.
The impugned orders are perfectly in consonance with the settled law which provides that no right can be perfected by a unauthorized occupant by adverse possession over Gaon Sabha land.
The writ petition is therefore, without merit and is dismissed.
Order Date :- 26.9.2019 sweta