Court No. - 27 Case :- WRIT - C No. - 25518 of 1994 Petitioner :- Ram Sajiwan Respondent :- Gaon Sabha Petitioner Counsel :- S.L. Singh Respondent Counsel :- S.C. Hon'ble Sibghat Ullah Khan,J.
This writ petition arises out of proceedings under section 122 B of
UPZA&LR Act initiated against the petitioner in the form of case no. 187/316
6/183 Gaon Sabha, Reuna Vs. Ram Sajeevan. Assistant Collector/Tehsildar
Tahsil Ghatampur, District Kanpur Dehat decided the matter in favour of the
petitioner on 29.9.1993. Against the said order Gaon Sabha filed revision no.
7 of 1993-94 which was allowed by Collector Kanpur Dehat on 13.7.1994, the
order of the Tehsildar dated 29.9.1993 was set aside and eviction of the
petitioner from gaon sabha plot no. 426 area 0.010 hectares was directed. The
said order of the Collector has been challenged through this writ petition.
Learned counsel for the petitioner states that Civil suit in respect of the
property in dispute is already pending. Orders passed under Section 122-B of
U.P.Z.A.&L.R. Act are always subject to the result of regular suit.
Accordingly, writ petition is disposed of with the direction that if the civil suit
which is stated to be pending is decided in favour of the petitioner then the
judgment passed in the said civil suit shall have over-riding effect over the
impugned order passed by the Collector.
Order Date :- 27.1.2010
RS