Allahabad High Court
Pitambar vs State Of U.P. And 2 Others on 13 February, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 40 Case :- WRIT - C No. - 37733 of 2022 Petitioner :- Pitambar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Navneet Lal Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for all the respondents.
The petitioner is before this Court with request to issue direction to the respondent No. 3 i.e. Tahsildar Tahsil Nautanwa, Maharajganj to decide the Computerized Case No. T202205470303226 (Gaon Sabha Vs. Shivcharan) under Section 67 U.P. Revenue Code, 2006 relating to Mauja Jangalgulhariya, Tappa Lehda, Pargana Haveli, Tahsil Nautanva, District Maharajganj forthwith within stipulated time fixed by this Court.
Learned counsel for the petitioner submits that in case the petitioner is illegal encroacher over the public utility land, then for the said purpose full fledged mechanism is provided in the UPZA & LR Act 1950 in the form of Section 122-B and Section 67(1) of Land Revenue Act, 2006 and as such, request has been made that direction may be issued to the respondents not to evict the petitioner without following the due procedure provided under law. In support of his submission, he has placed reliance on the judgement and order dated 16.03.2011 passed by the Division Bench of this Court in Writ C No.14336/2011 (Ram Krishna vs. State of U.P. and others) wherein a Division Bench of this Court has taken into consideration the facts and circumstances of the case and held that without drawing appropriate proceeding under Section 122-B of U.P.Z.A. and L.R. Act, the respondents cannot evict/dispossess petitioner from the Gaon Sabha Land.
Learned Standing Counsel has not disputed the legal as well as factual aspect of the matter.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, the writ petition is disposed of with the direction upon the respondents not to take any action of eviction/dispossession of the petitioner from the land in dispute without finalizing the proceedings under Section Section 122B of UP ZA & LR Act/ Section 67 of the U.P. Revenue Code, 2006 but certainly after affording opportunity to all the state-holders.
Order Date :- 13.2.2023 Jaswant