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Natthi Singh v. State Of U.P. & Others - WRIT - C No. - 40939 of 2007 [2007] RD-AH 14945 (3 September 2007)

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Hon'ble Janardan Sahai, J

The land in dispute (plot no. 885 area 0.44 acre) is entered as Gaon Sabha land which was reserved for 'holika dahan' in consolidation proceedings. Proceedings under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act were initiated against the petitioner. The Assistant Collector directed eviction of the petitioner and also imposed damages. A revision was filed against that order which has been partly allowed and the portion of the order relating to damages has been set aside and the case has been sent back for fresh decision on that point, however, eviction of the petitioner has been maintained. Reliance was placed by the petitioner's counsel upon a report of Rajasva Nirikshak in which it is stated that the petitioner's ancestor was recorded over the old plot from which the present plot has been made and the inhabitants of the village have informed that 'holika' was never burnt there. Proceedings under Section 122-B of the U.P. Z.A. & L.R. Act are summary proceedings which can be initiated on the basis of the entries in the revenue records. The petitioner has challenged the very correctness of the entry of plot no. 885. The petitioner has remedy of filing a suit.

Counsel for the petitioner apprehends that during the period of notice under Section 80 CPC and even before the suit is filed, the order may be carried out and the constructions of the petitioner may be demolished. Needless to say that if the petitioner applies for exemption of notice under Section 80 CPC the matter shall be considered by the court below in accordance with law.

Dismissed with the aforesaid observations.

Dt. 3.9.2007



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