Court No. - 6
Case :- WRIT - C No. - 10728 of 2007 Petitioner :- Tejpal Respondent :- State of U.P. and Another Counsel for Petitioner :- Pankaj Kumar Tyagi,Smt. Archana Tyagi Counsel for Respondent :- C.S.C.,Anuj Kumar
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition arises out of proceedings under Section 202 of the U.P. Zamindari Abolition and Land Reforms Act for ejectment of an asami.
This order passed by the Sub Divisional Magistrate against the petitioner has been challenged straight way by means of this writ petition.
Although, it is sought to be contended that the allotment had been made in favour of the petitioner on the ground that he had undergone sterilization and that the allotment was not of asami rights, this contention cannot be accepted because admittedly the revenue entry in favour of the petitioner was one under class 3 in the Khatauni.
The allotment had been made in favour of the petitioner on 06.10.1976. The proviso to Rule 176A of the U.P. Zamindari Abolition and Land Reforms Rules provides that no asami lease can be granted for a period greater than five years. Therefore, the lease in favour of the petitioner came to an end automatically by efflux of time in the year 1981.
Under the circumstances, the order impugned passed by the Sub Divisional Magistrate, cannot be said to be vitiated in any manner. In fact, it is perfectly in consonance with the law.
For the same reason, the writ petition is without merit and is dismissed.
Order Date :- 27.11.2019 RKM