Allahabad High Court
Tunda Singh vs State Of Up And 3 Others on 5 September, 2024
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:144965 Court No. - 7 Case :- WRIT - C No. - 26061 of 2024 Petitioner :- Tunda Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ajaj Ahmad,Akhtar Ali Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Prakash Padia,J.
1. In the proceedings initiated by the Land Management Committee against the petitioner/Tunda Singh under Section 122B(4a) of U.P. Z.A. & L.R. Act, 1950, an the order has been passed by the Assistant Collector/Tehsildar (Judicial), Tehsil Dadri, District Gautambudh Nagar/respondent No.3 on 11.04.2018 by which a direction was given to evict one Lachhu son of Phool Singh from Khasra 507m area 0.0150 hectare situated at village Patwari on the ground that aforesaid land belongs to Primary Pathshala and damages of Rs.2,25,000/- has also been imposed. Against the aforesaid order, an appeal was filed before the Additional Collector (Judicial) District Gautambudh Nagar/respondent No.2 which was rejected on 17.05.2024.
2. It is argued by learned counsel for the petitioner that the petitioner is in peaceful possession over Gata No.511 &512 which is his ancestral property and he is living there after constructing a small house since last 60 years. It is argued that a Primary School is situated at Gata No.507 and the petitioner does not have any concern with the aforesaid plot. It is argued that wholly illegally in the proceedings initiated against the petitioner, an order dated 11.04.2018 of eviction has been passed from Khasra 507m area 0.0150 hectare situated at village Patwari and against the order, appeal was filed which was also rejected on 17.05.2024. Apart from the same, one of the arguments have been made by learned counsel for the petitioner that the petitioner has never encroached Khasra 507m area 0.0150 hectare situated at village Patwari and the petitioner is in peaceful possession of Gata Nos.511 & 512.
3. Matter requires consideration.
4. All the respondents are granted six weeks time to file counter affidavit.
5. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
6. List after exchange of affidavits.
7. Since it is the contention of the petitioner that he has no concern with Khasra 507m area 0.0150 hectare situated at village Patwari and he has been in the peaceful possession of Gata No.511 and 512, an interim mandamus is issued to the respondents directing them not to interfere in peaceful possession of the petitioner over Gata Nos.511 & 512.
8. The respondents are free to take action against the persons who encroached Khasra 507m area 0.0150 hectare situated at village Patwari and the respondents are also free to recover the amount from the encroachers imposed as damages.
Order Date :- 5.9.2024 saqlain