Allahabad High Court
Krishna Kanahaiya Lal & Others vs State Of U.P. & Others on 12 August, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 6 Case :- WRIT - C No. - 47553 of 2010 Petitioner :- Krishna Kanahaiya Lal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.N. Yadav Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
Some of the petitioners were allotted lease by the Gaon Sabha in 1975 and some in 1999. On a report dated 25.7.2006 submitted by the Sub Divisional Magistrate proceedings under Section 198 (4) of the U.P.Z.A. & L.R. Act were initiated and the patta in favour of the petitioners has been cancelled. The revision filed against the said order was also dismissed.
It is contended by the learned counsel for the petitioners that the proceedings were hopelessly barred by time and without considering this aspect of the matter the lease has wrongly and illegally been considered.
In the circumstances, learned standing counsel representing respondent nos.1 to 3 may file counter affidavit within six weeks. Shri Anuj Kumar, learned counsel, who has accepted notice on behalf of respondent no.4, may also file counter affidavit within the aforesaid period. Petitioners will have three weeks thereafter for filing rejoinder affidavit. It is made clear that the Collector, Sant Kabir Nagar shall file his personal affidavit explaining as to how the proceedings were initiated beyond the period prescribed under Section 198 of the U.P.Z.A. & L.R. Act.
List after the expiry of the aforesaid period.
Considering the facts and circumstances, until further order of this Court the effect and operation of the impugned orders dated 10.9.2008 passed by the Collector, Sant Kabir Nagar-respondent no.3 as well as dated 21.7.2010 passed by the the revisional court-respondent no.2 shall remain stayed. The respondents are further restrained from interfering in the peaceful possession of the petitioners over the land in dispute.
Copy of this order be provided to Shri Rajesh Kumar, Brief Holder free of cost within 24 hours.
Order Date :- 12.8.2010 Anupam