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Yadupal Singh & Others v. State Of U.P. & Others - WRIT - C No. 33118 of 2007 [2007] RD-AH 12776 (24 July 2007)


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Hon'ble Arun Tandon, J.

In proceedings under Section 122-B of the UPZA&LR Act   order of eviction of the petitioner from Gaon Sabha land as well as payment of compensation for unauthorized use of the land have been passed.  The order so passed are being questioned by the petitioner on the plea that he has already filed a Civil Suit for permanent injunction restraining the private respondents as well as the state officers from interfering in the peaceful possession of the petitioner over the land in question or from  demolishing the constructions raised.  In the said suit temporary injunction have been granted he, therefore, submits that the order passed under Section 122-B of the UPZA&LR Act run contrary to the interim injunction and, therefore,  illegal.

In the opinion of the Court the present writ petition is totally misconceived.  If the injunction order in the civil suit is being disobeyed, the proper remedy available to the petitioner is to file an application under Order 39 rule 2-A and if such  an application has already been filed to pursue the same.  In case petitioner feels that orders of the Civil Court may not bind the revenue authorities in respect of land to which UPZALR Act is applicable. The proper remedy available to the petitioner is to  seek declaration of his title over the land in question by way of regular Suit and for protecting his possession, if any, he may also file an interim stay application.

Writ petition is dismissed.

Dated: 24.7.2007



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