Court No. - 4 Case :- WRIT - C No. - 39474 of 2010 Petitioner :- Smt. Pushpawati Respondent :- Addtional District Judge, Vth & Ors. Petitioner Counsel :- Manvendra Nath Singh Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
It is contended by learned counsel for the petitioner that the petitioner
being member of scheduled caste in possession since the cut off
date was entitled to be extended the benefit of Section 122B(4f) of
U.P. Zamindari Abolition & Land Reforms Act and could not be
evicted by force and without considering this aspect of the matter,
both the courts below have rejected the temporary injunction
application.
Primafacie there appears to be force in the submission and the
matter needs scrutiny.
Issue notice to respondents no. 3 to 7, who may file counter affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission on the date fixed by the office in the notice.
Considering the facts and circumstances, parties to the writ petition
are directed to maintain statusquo with respect to nature and
possession over the suit property as it exists today.
Order Date :- 12.7.2010
nd