High Court of Judicature at Allahabad
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Faiyyaz v. State Of U.P. & Others - WRIT - C No. 48888 of 2006  RD-AH 15470 (6 September 2006)
Hon'ble Janardan Sahai, J.
Proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act were initiated against the petitioner in respect of Gaon Sabha Plot No. 125. The petitioner's eviction was ordered and the revision filed by the petitioner has been dismissed
Learned counsel for the petitioner Sir Raj Deo Singh submits that the petitioner is not in possession and was never in possession of the disputed plot and the proceedings against him are misconceived Learned counsel for the petitioner referred to the statement of D.W.1 that he is not in possession. As it is the petitioner's own contention that he is not claiming any right over the property in dispute and denied having been in possession, it is open to the respondents to take possession of the aforesaid plot if the petitioner is still in possession. No interference in the order of ejectment is called for.
In the facts and circumstances and as the petitioner has denied being in possession imposition upon the petitioner does not appear to be justified. The order imposing damages of Rs. 680/- is quashed. In all other respects orders of the courts below are maintained.
With these observations the writ petition is disposed of.
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