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RAM KISHORE versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Ram Kishore v. State Of U.P. & Others - WRIT - C No. 34160 of 2006 [2006] RD-AH 10980 (5 July 2006)

 

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 S.U.Khan J

This writ petition arises out of proceedings under section 122-B of U.P.Z.A.L.R Act. First order was passed by Tehsildar/ Assistant Collector I Class Bilsi, district Budaun on 19.1.2004 in case No. 115, Gaon Sabha Versus Ram Kishore. Tehsildar has stated that on 16.1.2006, he alongwith the team of Lekhpals surveyed the spot and found that half of the Chak road has been encroached by the petitioner whose plot is adjacent to the Chak road. By the said order petitioner was directed to vacate from the Chak mark and damages of Rs.6600/- were also awarded against him. The said order has been maintained in Revision No. 24, which was dismissed by Collector Budaun on 27.3.2006.

I do not find any error in the order of eviction. Petitioner must forthwith vacate / remove the encroachment from the Chak road however as far as damages of        Rs. 6600/- are concerned no basis for determining the same has been given in the impugned orders. Accordingly damages are curtailed to Rs. 1600/- and the same may be deposited within one month from today however Chak road must be vacated/ got vacated forthwith.

Let a copy of this order be given to Sri V.K.Singh learned standing counsel for Gaon Sabha free of cost within three days.

Writ petition is allowed in part.

5.7.2006/Waqar

W.P.No. 34160/06


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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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