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Smt. Godawari Devi vs D.D.C. Deoria And Others on 15 September, 2023

In support of these various contentions that Mr. Shrivastava has urged, he has placed reliance upon Budhan Singh (dead) by his Legal representatives and another v. Babi Bux and another, AIR 1970 SC 1880, Rizwan and another v. Deputy Director of Consolidation, Saharanpur and others, (2003) 6 AWC 5065, Pravir Singh and others v. Board of Revenue and others, 2003 (94) RD 375 and Gaon Sabha, Tappal v. Sri Satya Deo Sharma, 2004 All LJ 3597. Reference to these authorities, wherever relevant to the point urged on behalf of the sixth respondent, or the point that is considered, would be made during the course of this judgement.
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Raj Narain vs State Of U.P. Thru. Prin. Secy. Revenue ... on 4 October, 2023

4. It has been submitted by learned counsel for the petitioner that he has made several representations to various authorities for removing encroachments from aforesaid gatas. The petitioner had also previously approached this Court by filing writ petition No.11349 (M/B) of 2010 which was dismissed vide order dated 1.12.2010. While dismissing the said writ petition liberty was given to the petitioner to approach the authority with regard to his grievances. It is stated that despite liberty granted by this Court vide order dated 1.12.2010 the petitioner did not move any application to the concerned authorities nor could be indicate any such application having been made to such authorities. It has further been stated that with regard to the said land proceedings under Section 198 (4) of U.P.Z.A. and L.R. Act were initiated at the behest of father of the respondents in relation to gata No.431/1 for cancellation of patta. The said application was allowed by means of order dated 16.11.1998. It has further been stated that a suit has also been filed by the Gaon Sabha in suit No.220/2007-2008 (Gaon Sabha Vs. Satya Narain) under Section 122 Kha of U.P.Z.A. & L.R. Act and an order for eviction has also been passed. Against the order of eviction Satya Narain has filed an appeal before the Collector, Amethi which has also been dismissed and now it is stated that revision is pending before Divisional Commissioner. It has further been stated that Satya Narain has also filed a regular suit under Section 144 of Revenue Code, 2006 before Sub Divisional Magistrate, Amethi relating to gata No.s 835 Kha, 835 Ga, 835 Gha and 838 Ga which is also pending consideration.
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