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Allahabad High Court · body

2016 DIGILAW 1581 (ALL)

Ram Dular Singh v. State of U. P.

2016-04-27

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The relief which the petitioner seeks is for the initiation of steps for the removal of illegal encroachment on land, bearing plot no.79 of Village Etauri, Pargana Anguli, Tehsil Shahganj, District Jaunpur which is reserved for a public utility purpose. 2. The petitioner has averred that an order was passed under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 against one illegal occupant with respect to an area ad-measuring 0.004 hectare of the plot on 16 April 2010 and a revision was dismissed on 24 December 2010. However, in a writ petition (Writ Petition No.29619 of 2011), the High Court stayed the effect and operation of the order of eviction. In paragraph 17 of the writ petition, the contention of the petitioner is that the area governed by the writ petition ad-measures only 0.004 hectare, whereas the total area of the plot is 0.117 hectare. 3. This is a matter which would warrant an enquiry. The competent authority constituted under Section 67 of the U P Revenue Code-2006 shall, first and foremost, verify the aspect of whether any stay operates in the writ proceedings in regard to the initiation of steps for eviction. Thereafter, and subject to compliance with all prevailing judicial orders, the authority shall determine what steps are necessary to secure compliance of law. The authority may bear in mind the representation submitted by the petitioner at Annexure-7 to the writ petition dated 4 August 2013, subject to due verification of all facts. We clarify that we have not expressed any finding of fact in these proceedings particularly, in the absence of the private parties before the Court. 4. The petition is, accordingly, disposed of. There shall be no order as to costs.