SATYA NARAYAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard counsel for the petitioner.

(2.) The petitioner is aggrieved by order dated 19.4.2018.

(3.) This Court has perused the order impugned. It appears that petitioner was accused of encroachment over pubic utility land gata no.756 which is recorded as khaad ka gaddha/manure pit and bhithure situated at village Kaibha Pargana Meeranpur Tehsil Lambhua, Sultanpur. In 1987 the father of respondent no.3 and 4 instituted a suit under Sec. 198(4) of UPZA and LR Act registered as Case no.214 before the Additional District Judge/Additional Collector for cancellation of lease granted in favour of father of petitioner on public utility land. The Additional Collector by order dated 8.8.2005 ordered eviction of petitioner from land in question and the land was directed to be vested in Gaon Sabha. Petitioner file revision no.2611/03336/2010 under Sec. 333 of UPZA and LR Act in 2005. Revision was dismissed on 23.4.2008 and alleging that petitioner was not heard, the petitioner filed recall/review application on 19.5.2008 which was dismissed for want of prosecution on 28.5.2012. It is the case of petitioner that he moved an application for recall of order dated 28.5.2012 on same day which was considered and said order was recalled. Now by impugned order dated 19.4.2018 the case has been dismissed without noting the arguments raised by counsel for petitioner.