Allahabad High Court
Kailash Singh vs State Of U.P. And 3 Others on 4 March, 2024
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:39205 Court No. - 5 Case :- WRIT - C No. - 43337 of 2023 Petitioner :- Kailash Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kiran Rani,Laloo Yadav Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Arun Kumar Pandey, learned counsel for Gaon Sabha.
2. The grievance of the petitioner is that till date no proceeding to cancel the lease of the petitioner in respect to disputed land has been initiated by the respondents, therefore the action of the respondents in interfering with the possession of the petitioner and trying to evict the petitioner is illegal.
3. The law is settled that the petitioner cannot be evicted except in accordance with law. In the connected matter i.e. Writ-C No.13853 of 2023, in identical facts and circumstances, this Court has passed the interim order dated 30.10.2023.
4. Since it transpires from the record that the respondents have not instituted any proceeding for cancellation of lease of the petitioner in compliance of the judgement and order dated 27.07.2009 of the revisional court in Revision No.79 of 2008-09 (Kailash Singh v. State of U.P.), therefore the action of the respondents in evicting the petitioner without adopting due procedure of law is illegal and cannot be sustained.
5. Consequently, the writ petition is disposed off with liberty to the respondents to proceed in compliance of the judgement and order of the revisional court dated 27.07.2009. It is further provided that a writ of mandamus is issued to the respondents not to evict the petitioner except in accordance with law.
6. It is provided that a liberty is granted to the respondents to file recall application in case there is any concealment of fact by the petitioner in obtaining the aforesaid order.
Order Date :- 4.3.2024 S.Sharma