Gram Panchayat, Village Ajeetpur v. State of Uttarakhand
2015-01-22
ALOK SINGH
body2015
DigiLaw.ai
JUDGMENT Alok Singh, J. 1. Present petition is filed by the Gram Panchayat, Village Ajeetpur, Block Bahadarabad, Tehsil and District Haridwar seeking writ of mandamus commanding the respondent Nos. 1 to 3, i.e. Secretary Revenue, Dehradun, District Magistrate Haridwar and S.D.M. Haridwar to ensure that encroachment on the Gram Sabha land bearing Khasra No. 122-M, Village Ajeetpur, District Haridwar be removed forthwith. 2. Learned counsel for the petitioner has vehemently argued that respondent Nos. 5, 6 and 7 are in unauthorized possession of the Gram Sabha land bearing Khasra No. 122-M, therefore, Revenue Authorities should remove the encroachment from the Gram Sabha land by evicting respondent Nos. 5, 6 and 7 therefrom. 3. Section 122-B of the U.P. Z.A. & L.R. Act, 1950 reads as under:- “122-B. Powers of the Land Management Committee and the Collector.- [(1) Where any property vested under the provisions of this Act in a Gaon Sabha or a local authority is damaged or misappropriated or where any Gaon Sabha or local authority is entitled to take or retain possession of any land under the provisions of this Act and such land is occupied otherwise than in accordance with the provisions of this Act, the Land Management Committee or Local Authority, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. (2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated or any person is in occupation of any land, referred to in that sub- section, in contravention of the provisions of this Act, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation as mentioned in such notice be not recovered from him or, as the case may be, why he should not be evicted from such land.
(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time not exceeding thirty days from the date of service of such notice on such person, as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person may be evicted from the land and may for that purpose, use, or cause to be used such force as may be necessary and may direct that the amount of compensation for damage, misappropriation or wrongful occupation be recovered from such person as arrears of land revenue. (4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2) he shall discharge the notice. (4-A) Any person aggrieved by the order of the Assistant Collector under sub-section (3) or sub-section (4) may, within thirty days from the date of such order prefer, a revision before the Collector on the grounds mentioned in clauses (a) to (e) of Section 333. (4-B) The procedure to be followed in any action taken under this section shall be such as may be prescribed. (4-C) Notwithstanding anything contained in Section 333 or Section 333-A, but subject to the provisions of this Section- (i) Every order of the Assistant Collector under this section shall, subject to the provisions of sub-sections (4-A) and (4-D), be final. (ii) Every order of the Collector under this Section shall, subject to the provisions of sub-section (4-D), be final. (4-D) Any person aggrieved by the order of the Assistant Collector or Collector in respect of any property under this section may file a suit in a court of competent jurisdiction to establish the right claimed by him in such property. (4-E) No such suit as is referred to in sub-section (4-D) shall lie against an order of the Assistant Collector if a revision is preferred to the Collector under sub-section (4-A). Explanation - For the purposes of this section, the expression 'Collector' means the officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901 and includes an Additional Collector].
Explanation - For the purposes of this section, the expression 'Collector' means the officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901 and includes an Additional Collector]. (4-F) Notwithstanding anything in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 ( not being land mentioned in Section 132) having occupied it from before May 13, 2007 and the land so occupied together with land, if any, held by him from before the said date as Bhumidhar, sirdar or asami, does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and [he shall be admitted as bhumidhar with non-transferable rights of that land under section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non-transferable rights in that land.]” 5. Bare perusal of Section 122-B of the Act demonstrates that if any property vested under the provisions of this Act in a Gaon Sabha or a local authority is in illegal possession, then Land Management Committee or Local Authorities, as the case may be, shall inform the Assistant Collector concerned, in the manner prescribed, whereupon learned Assistant Collector shall proceed in accordance with law and if he is satisfied that land belonging to the Gram Sabha is in unauthorized occupation, he shall pass order of eviction of person by using such force as he deems fit and may also direct the unauthorized occupant to pay such compensation/damages as he deems fit for the wrongful occupation and misappropriation of the property. 6. Since petitioner has efficacious alternative remedy available under Section 122-B of the Act, wherein respondent Nos. 5, 6 and 7 may take all the appropriate defences, therefore, issuing mandamus to evict them without hearing them seems to be totally unwarranted. 7. Consequently, writ petition fails and is hereby dismissed. However, the petitioner, if so advised, may avail appropriate legal remedy before the appropriate Forum.