Allahabad High Court
Om Prakash Verma And Others vs State Of U.P.And Another on 20 May, 2024
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:90916 Court No. - 82 Case :- APPLICATION U/S 482 No. - 38699 of 2010 Applicant :- Om Prakash Verma And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- Govt.Advocate Hon'ble Saurabh Srivastava,J.
1. Heard Sri Gaurav Kumar Shukla, learned counsel for applicants and learned AGA for the State and perused the record.
2. The instant application has been preferred for challenging the charge-sheet dated 24.02.2009 preferred in Case Crime no. 6 of 2009 under Section 198A(2) of U.P.Z.A & L.R. Act, 1950.
3. It is the submission made by learned counsel for the applicants that informant has been allotted part of plot no. 514 measuring area 0.063 are, whereupon, it has been alleged that applicants are the unauthorized occupant over the same. By way of invoking provisions of Section 198A(2) of the Act of 1950, proper FIR has been lodged in Case Crime no. 6 of 2009, whereupon all the three applicants have been charge-sheeted which impugned the present application.
4. Learned counsel for the applicants sought the attention of the Court over Section 198A of U.P.Z.A & L.R. Act, 1950 wherein, it is specifically mentioned that provisions of 198A(2) shall be invoked only when the illegal occupant has been evicted and thereafter he reoccupied the same portion of land with unlawful manner then the aggrieved person may report the same under Section 198A(2) of the Act of 1950 but in the instant matter, it is the case of the applicants that they have never been evicted in pursuance to the allotment made in favour of opposite party no. 3 and as such there is hardly any case that they have been evicted and reoccupied the same portion of land by way of unlawful manner.
5. Although notices have been issued to opposite party no. 3 but till today, no appearance has been made either in person or through counsel and the matter is pending to be adjudicated for last more than 13 years and as such there is no option left but to decide finally in pursuance of any pleadings advanced on behalf of opposite party no. 3.
6. By bare perusal of the records, specifically in shape of the statement recorded by opposite party no. 3 and the narration of the FIR discloses that it is the applicants who are maintaining their unlawful possession over the portion of plot no. 514 situated at village Pakari Chauhan, Tehsil Harraiya, District Basti, but there is hardly any narration available in the FIR or the statement made by opposite party no. 3 that it is the applicants who have been evicted and they reoccupied the same portion of land which has been allotted to the opposite party no. 3 and as such provisions of Section 198A(2) of U.P.Z.A & L.R. Act, 1950 is not attracted.
7. Arguments raised by learned counsel for the applicants are having force. Once it is not submitted by opposite party no. 3 that all the applicants have been first evicted and they reoccupied the same portion of land then there is hardly any attraction of Section 198A(2) of U.P.Z.A & L.R Act, 1950 which empowers the prosecution to carry out further proceedings in Case Crime no. 6 of 2009 in pursuance to FIR no. 10 of 2009 preferred on dated 24.02.2009.
8. In view of the aforementioned facts and circumstances, entire proceeding in pursuance to Case Crime no. 6 of 2009 are hereby quashed along with setting aside the charge-sheet no. 10 of 2009 dated 24.02.2009 and the application u/s 482 stands allowed.
9. However, it is made clear that although the revenue authorities have not been impleaded in the instant application but in the interest of justice, Sub Divisional Magistrate, Harraiya, District Basti is hereby directed to ensure the possession in pursuance to the allotment in favour of the opposite party no. 3 through which the possession has been already handed over on dated 24.05.2008 in respect of plot no. 514 situated at village Pakari Chauhan, Tehsil Harraiya, District Basti by way of demarcating the allocated/allotted portion of plot no. 514 which is adjacent to the plot pertaining to the applicants.
10. The entire exercise as directed above shall be carried out within 6 months by way of giving proper opportunity to all concerned.
Order Date :- 20.5.2024 Shaswat