Allahabad High Court
Kehar Singh And 6 Others vs State Of U.P. And 6 Others on 16 May, 2023
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:105773-DB Court No. - 3 Case :- WRIT - C No. - 11425 of 2023 Petitioner :- Kehar Singh And 6 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Tej Bahadur Rai,Sr. Advocate Counsel for Respondent :- C.S.C Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Anish Kumar Gupta,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State- respondents.
2. This writ petition has been filed praying for the following relief;
"i) issue a writ, order or direction in the nature of Mandamus restraining the respondents-Police authorities of Police Station Kaila Devi, District Sambhal from dispossessing the petitioners from the disputed land, i.e., plot nos.70/1, 70/2, 70/3, 70/5, 70/6, 70/8 and 70/7, situated village Lakhanpur, Tehsil and District Sambhal."
3. With respect to Khasra plot in question, the respondent No.4, i.e., District Magistrate, Sambhal in his counter affidavit, has stated in paragraph nos, 5, 6 and 7, as under:-
"5. That Gata No.70/1, 70/2, 70/3, 70/5, 70/6, 70/7 and 70/8 in total 7 Gatas and in total measuring 1.322 hectare is situated at Village Lakhanpur, Pargana and District Sambhal. In the Khatauni of Fasli Year 1430 of 1435, the aforesaid Gatas are recorded under Category-3 ( which are under the control of Asamies) land under Khata No.482, 489, 483, 487, 488, 486 and 491 respectively. In the aforesaid Khatauni, in the order column, the order dated 28.08.2020 passed by Sub Divisional Magistrate, Sambhal is mentioned by way of which the aforesaid Gatas were directed to be recorded under original Category-5 ( Navin Parti) by cancelling the entry of Asamies. A true photostat copy of Khatauni of village Lakhanpur pertaining to Fasli Year 1430 to 1435 along with copy of order of Sub Divisional Magistrate dated 28.08.2020 are being annexed herewith and marked as Annexure No.CA-1 and CA-2 to this counter affidavit.
6. That against the aforesaid order, the petitioner preferred revision before the Division Commissioner, Moradabad Division, Moradabad and vide order dated 24.11.2022 passed by Divisional Commissioner, Moradabad Division, Moradabad the order dated 28.08.2020 passed by Sub Divisional Magistrate, Sambhal was set aside and the Sub Divisional Magistrate, Sambhal was directed to pass appropriate order in accordance with law within one month. A true photostat copy of order dated 24.11.2022 passed by Divisional Commissioner, Moradabad Division, Moradabad is being annexed herewith and marked as Annexure No.CA-3 to this affidavit.
7. That in pursuance of the aforesaid order, the Sub Divisional Magistrate, Sambhal had accepted the report of Tehsildar, Sambhal dated 7.10.2022 and vide order dated 17.02.2023, the Gata No.70/1 measuring 0.192 hectare, Gata No.70/2 measuring 0.149 hectare, Gata No.70/3 measuring 0.193 hectare, Gata No.70/5 measuring 0.193 hectare, Gata No.70/6 measuring 0.193 hectare, Gata No.70/7 measuring 0.192 hectare, Gata No.70/8 measuring 0.192 hectare of village Lakhanpur, Tehsil and District Sambhal was declared as Sankramanya Bhumidhar land and the same is also mentioned in the Khatauni of Fasli year 1430 to 1435. As such, presently the petitioners under section 75 of U.P. Revenue Code, 2005 had the bhumidhari rights upon the land in question."
4. In paragraph Nos.12 and 13 in his counter affidavit, the respondent No.6, i.e. the Superintendent of Police, Sambhal has stated as under:-
"12. That further, it is submitted here that the order dated 17.02.2023 passed by Sub Divisional Magistrate, Sambhal came to the knowledge of the deponent on 23.03.2023 and from that date, no vehicle was parked upon the aforesaid land and further no construction upon the land in question had been done by the Police. Further, it is submitted that the temporary parking upon the land in question on the occasion of Mahashivratri was already removed at that time only.
13. That the petitioners are Sankramaniya Bhumidhars of the land in question and they are free to use their land for agriculture or any other purpose. Moreover, no construction upon the land is being done by the Police and nor any such proposal is pending consideration."
5. In view of the stands taken by the State-respondents in relevant paragraphs of the counter affidavit as afore-quoted, the writ petition is allowed and a direction is issued to the respondents not to interfere with the land of the petitioners as mentioned in the prayer clause of the writ petition, aforequoted.
Order Date :- 16.5.2023 SFH