Shyam Behari v. Chakbandi Adhikari, Etawah, Tahsil Bharthana, Camp Bakewar
1989-02-13
K.P.SINGH
body1989
DigiLaw.ai
JUDGMENT K.P. Singh, J. - In this writ petition the petitioners have prayed for a relief that their possession may not be disturbed till their objection under Section 9 of the U.P.C.H. Act is finally decided. 2. There is no law that during the pendency of the appeal or revision arising out of proceedings under Section 9 of the U.P.C.H. Act, a tenure holder may not be dispossessed from the land in his occupation in connection with the allotment of chaks However, propriety demands that the petitioners should not be dispossessed from the Land in his occupation till their claim in tide proceedings is finally decided. It has been brought to my notice that there are several objections under Section 9 of the U.P. Consolidation of Holdings Act preferred by the residents of the village which have not been disposed of yet the consolidation officer is trying to dispossess the tenure holder from the land in their occupation. It is expected that the consolidation authorities shall proceed reasonably in the matter and will not unnecessarily harass the tenure holders They should take reasonable view while dispossessing the petitioner from the land in their occupation. As far as possible, they should dispossess the tenure holders only when their claim regarding title is decided. 3. With the above observations this writ petition is finally disposed of at the admission stage. 4. A copy of this order may be given to the petitioners on receipt of usual charges within 24 hours.