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Jarnel Singh v. State Of U.P. & Others - WRIT - C No. 23872 of 2004  RD-AH 14049 (16 August 2007)
(Court No. 23)
Civil Misc. Writ Petition No. 23872 of 2004
Jarnel Singh Versus State of U.P through and others.
Hon'ble S.U.Khan J
Heard learned counsel for the petitioners as well as learned standing counsel for the respondents 1 to 3.
Through this writ petition order of Additional Collector (Administration), Bareilly dated 7.2.2004 has been challenged which was passed in revision No. 45 of 2002-03 Jarnel Singh Vs. Gaon Sabha. Through amendment application order passed by the Tehsildar / Assistant Collector I Class dated 26.3.2003 (against which the revision was directed) has also been sought to be challenged. Amendment application is allowed. Order dated 26.3.2003 was passed in case No. 93 under section 122-B of U.P.Z.A.L.R Act Gaon Sabha Vs. Jarnel Singh.
The allegation against the petitioner was that he had encroached upon Gaon Sabha land comprised in plot No. 751 area 0.964 hectares. Petitioner out rightly denied his possession. Assistant Collector passed order of eviction and awarded damages of Rs. 26380/-. Revisional court reduced the damages to Rs.1380/-. The argument of learned counsel for the petitioner that as petitioner had out rightly denied his occupation over the land in dispute, hence, damages should not have been awarded is correct and accepted.
Writ petition is accordingly allowed. Impugned orders imposing damages are set-aside. However, it is clarified that in case petitioner is in possession over any portion of the disputed land then he must at once be evicted therefrom.
Writ petition is accordingly allowed.
Let a copy of this order be supplied free of cost to Sri N.P.Pandey learned standing counsel present in court within a week.
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