High Court of Judicature at Allahabad
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Sone Lal v. State Of U.P. Thru' Secretary (Revenue Deptt.) & Others - WRIT - C No. 32503 of 2007  RD-AH 12547 (20 July 2007)
Hon'ble Arun Tandon, J.
In proceedings under Section 122-B of the UPZA&LR Act, it has been recorded that the petitioner has encroached upon the land of the Gaon Sabha and has further made unauthorized construction thereon. The petitioner has been directed to be evicted and damages for use an occupation of the property of the Gaon Sabha has also been fastened. The findings recorded are being questioned on the fraud that the petitioner has perfected his title because of the possession of his the ancestors over the land for years together.
The Courts below have recorded that records qua grant of Patta in favour of the ancestors of the petitioner are not available.
In the opinion of the Court the writ petition raises disputed issues of fact and, therefore, it would be appropriate that the petitioner may get his title declared by way of regular suit and for protecting his possession, if any, he may also file an interim stay application in the said suit.
Writ petition is dismissed.
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