Court No. - 6 Case :- WRIT - C No. - 3868 of 2010 Petitioner :- Smt. Mithilesh Kumari Respondent :- State Of U.P. Thru Sec. Rev. Lko. And Others Petitioner Counsel :- Anoop Mishra Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Pankaj Mithal,J.
In proceedings under Section 122-B of the U.P.Zamindari
Abolition & Land Reforms Act an order of eviction has been
passed against the petitioner from the land in dispute which is
about 20 Sq.m. of Gata No. 572 situate in Village Jinaihara. The
petitioners revision against the said order has also been dismissed.
Apart from the said order of eviction petitioner has been directed
to pay damages of Rs. 2,13,000/-.
From the perusal of the averments made in the writ petition as well
as in the impugned order it appears that petitioners are claiming to
be in possession of the land in dispute on the basis of some
allotment alleged to have been made by Gram Sabha Mirhaichi
alleged actual owner of the land in dispute. On the contrary the
land is situate in Village Jinaihara and the impugned order records
that it is recorded in the name of the Gaon Sabha Jinaihara. In
view of the aforesaid facts and circumstances the matter requires
clarification as to which Gaon Sabha exercises jurisdiction over
the said land.
Shri D.D.Chauhan appearing for respondent no. 4 and 5 may file
counter affidavit specifically stating as to which Gaon Sabha the
land in dispute belongs and whether any allotment of the said land
was ever made by the concerned Gaon Sabha in favour of the
petitioner.
As far as the damages concerned, there appears to be no basis for
imposing such a heavy amount of damages.
In view of the above as far as the damages are concerned petitioner
is entitled for an interim order.
List after two weeks during which period counter affidavit as
directed may be filed by respondent no. 4 and 5.
Untill further orders of this Court, the realisation of the damages
imposed by the impugned orders as against the petitioner shall
remain stayed.
Order Date :- 29.1.2010
ARS
