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SHIV BHUSHAN SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Shiv Bhushan Singh v. State Of U.P. & Others - WRIT - C No. 31549 of 2007 [2007] RD-AH 12164 (17 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Arun Tandon, J.

The proceedings under Section 122-B of the UPZA&LR Act orders for eviction from the Khaliyan recorded over Ganta No. 346/2 has been directed along with imposition of damages of Rs. 5,111/- for unauthorized occupation of the same.  The order is being challenged on the ground that the petitioner has not encroached upon any Khaliyan vested in the Gram Sabha.  Petitioner submits that he is in possession of his own land.  

The proceedings giving rise to the present writ petition are summary in nature.  The appropriate remedy available to the petitioner is to seek declaration of his title as well as other reliefs by way of regular suit for protecting his possession, if any, he may also file an interim stay application in the said suit.

Writ petition is accordingly dismissed subject to the observations made herein above.

Dated: 17.7.2007

V.R./31549/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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