Allahabad High Court
Islam vs State Of U.P. & Anr. on 29 June, 2010
Author: S.N.H. Zaidi
Bench: S.N.H. Zaidi
Court No. - 18 Case :- U/S 482/378/407 No. - 2810 of 2010 Petitioner :- Islam Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Rishad Murtaza Respondent Counsel :- G.A. Hon'ble S.N.H. Zaidi,J.
Heard learned counsel for the petitioner and learned AGA for the State and perused the record.
As per the averments of the F.I.R. lodged by the area Lekhpal, the petitioner and others had encroached upon the land of the pond and used to raise crops over it for the last about 5 years.
Learned counsel for the petitioner contends that in view of these circumstances, the concerned Gaon Sabha should have filed a case under Section 122B of U.P. Zamindari Abolition and Land Reforms Act, 1950 and with these averments no offence of Section ¾ Prevention of Damage to Public Property Act, 1984 is prima facie made out .
Issue notice to opposite party no.2 returnable at an early date. Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the said period.
Further proceedings in respect of Criminal Case No. 1571/2010 arising out of Case Crime No. 161/2005 under section ¾ Prevention of Damage to Public Property Act, 1984, Police Station-Chanda District- Sultanpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 17, Sultanpur, shall remain stayed till further orders.
Order Date :- 29.6.2010 Adhir