Court No. - 6 Case :- WRIT - C No. - 45904 of 2010 Petitioner :- Asgar Respondent :- Additional Commissioner Admin Bareilly Divi. And Others Petitioner Counsel :- Dinesh Pathak,Rakesh Pathak Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Prakash Krishna,J.
Three weeks’ time is granted to the learned standing counsel to file counter
affidavit. Two weeks’ thereafter for rejoinder affidavit.
List thereafter.
One of the contentions of the petitioner is that the petitioner is not a lessee on
behalf of Gaon Sabha but was granted patta in the year 1359 F by the then
Zamindar. Since the patta was granted by the then Zamindar, the Gaon Sabha
has no right to cancel the Patta, submits the learned counsel for the petitioner.
The matter requires consideration.
The eviction of the petitioner from the land in question shall remain stayed
provided the petitioner deposits damages @ 10,000/- per annum with the
respondent No. 2. The first deposit shall be made on or before 31.8.2010. The
petitioner shall continue to deposit the damages for the subsequent years on or
before 31st of August of that year.
In case of default, the stay order shall stand vacated.
Order Date :- 5.8.2010
IB
(Prakash Krishna,J)