Court No. - 6 Case :- WRIT - C No. - 47553 of 2010 Petitioner :- Krishna Kanahaiya Lal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.N. Yadav Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners.
Some of the petitioners were allotted lease by the Gaon Sabha in 1975 and
some in 1999. On a report dated 25.7.2006 submitted by the Sub Divisional
Magistrate proceedings under Section 198 (4) of the U.P.Z.A. & L.R. Act
were initiated and the patta in favour of the petitioners has been cancelled.
The revision filed against the said order was also dismissed.
It is contended by the learned counsel for the petitioners that the proceedings
were hopelessly barred by time and without considering this aspect of the
matter the lease has wrongly and illegally been considered.
In the circumstances, learned standing counsel representing respondent nos.1
to 3 may file counter affidavit within six weeks. Shri Anuj Kumar, learned
counsel, who has accepted notice on behalf of respondent no.4, may also file
counter affidavit within the aforesaid period. Petitioners will have three weeks
thereafter for filing rejoinder affidavit. It is made clear that the Collector, Sant
Kabir Nagar shall file his personal affidavit explaining as to how the
proceedings were initiated beyond the period prescribed under Section 198 of
the U.P.Z.A. & L.R. Act.
List after the expiry of the aforesaid period.
Considering the facts and circumstances, until further order of this Court the
effect and operation of the impugned orders dated 10.9.2008 passed by the
Collector, Sant Kabir Nagar-respondent no.3 as well as dated 21.7.2010
passed by the the revisional court-respondent no.2 shall remain stayed. The
respondents are further restrained from interfering in the peaceful possession
of the petitioners over the land in dispute.
Copy of this order be provided to Shri Rajesh Kumar, Brief Holder free of
cost within 24 hours.
Order Date :- 12.8.2010
Anupam