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2023 DIGILAW 1580 (ALL)

Dilawar v. State of U. P.

2023-07-04

CHANDRA KUMAR RAI

body2023
ORDER Chandra Kumar Rai, J. Order on C.M. Impleadment Application No.2 of 2023 Heard learned Counsel for the parties. 2. In view of the facts mentioned in the application supported by the affidavit, the instant application is allowed. 3. Counsel for the petitioner is directed to implead the Gaon Sabha as respondent No.5 in the writ petition during the course of the day. Order on Writ Petition 4. Heard Mr. Ratnesh Kumar Pandey, Counsel for the petitioner, learned Standing Counsel for State-respondents and Mr. Sunil Kumar Singh, Counsel for Gaon Sabha. 5. The instant writ petition has been filed for the following relief: (i) issue a suitable writ, order or direction in the nature of Mandamus restraining the respondents from interfering in peaceful possession of the petitioner over the land in dispute belonging to Khasara No.573, situated in village-Soharakha Jahidabad, Tehsil and Pergana-Dadari, District-Gautam Budh Nagar in any manner, whatsoever, except in accordance with law till disposal of his application dated 19.02.2021 by the respondent No.2 with a further direction to the respondent No.2 to decide application of the petitioner dated 19.02.2021 filed in Suit No.03 of 1987-88, under Section 154 (2)/167 (2) of the U.P.Z.A. and L.R. act, 1950 State v. Pragatisheel Samoohik Sahakari Samiti Ltd. within a time stipulated by this Hon'ble Court. (ii) issue, any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 6. The brief facts of the case are that petitioner is alleging himself to be bhumidhar in possession of the land belonging to khasara No.573, Area 02-17-0 situated in village Soharakha Jahidabad, Tehsil and Pergana Dadari, District-Gautambudh Nagar to the extent of his Share measuring about 1437 square yards/ 1201.47 square meters. Persons of the village have sold their land to Pragatisheel Samoohik Sahakari Krishi Samiti Ltd. Subsequently on the report of the Sub-Divisional Officer dated 25.06.1987, proceeding under Sections 154 (2)/ 167 (2) of the U.P.Z.A. and L.R. Act was initiated by the Collector Gautam Budh Nagar, against the society, which was registered as suit No.03 of 1987-88 (State v. Pragtisheel Samoohik Sahakari Krishi Samiti Ltd.) before the Collector. 7. 7. According to the petitioner, petitioner had not sold any portion of the land in dispute to the Society so there was no occasion for initiation of the proceeding under Sections 154 (2)/ 167 (2) of U.P.Z.A and L.R.Act against the petitioner. Collector Gautam Budh Nagar vide order dated 07.04.1993 passed an order in the aforesaid suit No.3 of 87-88 vesting the land in the State Government from the date of execution of the sale deed. Counsel for the petitioner further mentioned in paragraph No.7 of the petition that inspite of their best efforts, the petitioner or their power of attorney could not get copy of the order dated 07.04.1993 passed by the Collector. In paragraph No.9 of the writ petition, it is further mentioned that petitioner and his co-sharers are still in possession over the land in dispute. On 11.11.2020 on application of Lekhpal, the case crime No.0944 of 2020 was registered at Police Station-Sector 49, Gautam Budh Nagar, Under Section 447 of the I.P.C. and Section 3 of the Prevention of Damage to Public Property Act, 1984 against ten persons of the village. An application dated 19.02.2021 supported by affidavit was filed by the petitioner before the respondent No.2 with the prayer for correction in the order dated 07.04.1993 passed by the Collector, Gautam Budh Nagar. On the basis of the aforesaid application dated 19.02.2021, order was passed for submission of necessary report in the matter. On 22.12.2022 an application was filed on behalf of petitioner before the respondent No.3 to restrain the authorities from taking action against the petitioner till the disposal of the application dated 19.02.2021, but no order has been passed on the petitioner's application dated 19.02.2021 and 22.12.2022 hence this writ petition on behalf of petitioner before this Court. He further placed reliance upon judgement reported in (2011) 10 ADJ 296 Surajbhan Sharma v. State of U.P. and others in order to demonstrate that application for rectification is maintainable before the court concerned. 8. This Court vide order dated 01.02.2023 directed the Counsel for the State to take instruction in the matter. Vide order dated 08.02.2023, Counsel for the State was granted time to produce the copy of the order dated 07.04.1993 by which land has been vested in the State Government. 9. 8. This Court vide order dated 01.02.2023 directed the Counsel for the State to take instruction in the matter. Vide order dated 08.02.2023, Counsel for the State was granted time to produce the copy of the order dated 07.04.1993 by which land has been vested in the State Government. 9. In pursuance of the order dated 08.02.2023, learned Standing Counsel has placed instruction dated 17.02.2023 before the Court annexing copy of the order dated 07.04.1993 passed by the Collector Gautam Budh Nagar as well as stating that the order dated 07.04.1993 has been passed in accordance with law and the land has been vested in the State Government, as such no interference is required in the matter. 10. Mr. Sunil Kumar Singh, appearing for the Gaon Sabha has also submitted that order dated 07.04.1993 has been passed in accordance with law as such application filed by the petitioner is not maintainable and no interference is required in the matter. 11. I have considered the arguments advanced by learned Counsel for the parties and perused the record. 12. There is no dispute about the fact that order dated 07.04.1993 has been passed by the Collector in the proceeding under Section 154 (2)/167 (2) of U.P.Z.A. and L.R. Act and the petitioner's application dated 19.02.2021 is pending before the Collector, Gautam Budh Nagar for consideration. 13. Considering the averments made in the writ petition with respect to the title of the petitioner as well as facts and circumstances mentioned in the application dated 19.02.2021 filed by the petitioner, it will be appropriate that Collector, Gautam Budh Nagar should decide the same application dated 19.02.2021 filed by petitioner in accordance with law after giving opportunity to the parties. 14. In view of the above facts and circumstances of the case as well as ratio of law laid down in Surajbhan Sharma (Supra) the Writ petition is finally disposed of directing the Collector Gautam Budh Nagar/ respondent No.2 to consider and decide the petitioner's application dated 19.02.2021 filed in Case No.3 of 1987-88 in accordance with law expeditiously and preferably within a period of six weeks from the date of production of certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties.