Chief Justice's Court Case :- WRIT - C No. - 69669 of 2009 Petitioner :- Rameshwar And Another Respondent :- State Of U.P. & Others Petitioner Counsel :- B.D. Mishra Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice. Hon'ble Amreshwar Pratap Sahi,J.
Heard Sri B.D. Mishra, learned counsel for the petitioners and Sri
M.S. Pipersania, Learned Standing Counsel for the respondent-
State.
Petitioners contend that plot no.237 is recorded as Khalihan and
one Sukh Deo son of Ghamandi had encroached upon the same for
which proceedings were undertaken for his eviction under section
122-B of the U.P. Zamindari Abolition & Land Reforms Act. A
copy of the said order has been placed on record.
Learned counsel contends that in spite of the said eviction order,
the authorities have not taken steps for eviction of the said person.
Sukh Deo has not been made a party before us in the petition.
In view of the above, we dispose of the writ petition with a
direction that the petitioners shall be at liberty to move an
application before the Competent Authority, who shall examine
the same and shall proceed to take appropriate steps in pursuance
of the order dated 28.2.2005 in accordance to law within one
month after giving opportunity to the concerned and affected
persons. It is however, made clear that in the event if for the
eviction any order has been passed in favour of any affected
person by any competent Court of law or authority, the same shall
be taken into consideration before proceeding any further.
Order Date :- 13.7.2010
VS.