MUKESH KUMAR Vs. UPPER COLLECTORAND ORS.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS writ petition arises out of proceedings under Section 122 -B of U.P.Z.A. and L.R. Act. It is directed against Annexure -V and I. Annexure -V to the writ petition is an order in Case No. 21, Gram Sabha v. Mukesh Kumar under Section 122 -B of U.P.Z.A. and L.R. Act by Additional Tehsildar/ Assistant Collector, Tehsil Jansath, District Muzaffarnagar dated 05.05.1995. In the said order it is mentioned that on an area of 0.030 hectare (300 square meter) of Gaon Sabha Plot No. 354, three brothers i.e. Mukesh Kumar (Petitioner of this writ petition), Naresh Kumar and Arun Kumar had made encroachment. In the operative portion of Annexure -V it is mentioned that as all the three brothers were in joint 1 adverse possession, hence the order which was passed in Case No. 20 in respect of Naresh Kumar and Arun Kumar would apply to the case of Mukesh Kumar also. Against both the orders (passed in Cases No. 20 and 21) revisions were filed by the Gaon Sabha. Number of the revision against Petitioner was Revision No. 184 of 1994 95. Revisions were allowed on 31.08.1998 by Additional Collector, Finance and Revenue, Muzaffarnagar. Copy of judgment against Petitioner is Annexure -I. Number of the revision filed against brothers of the Petitioner was Revision No. 183 of 1994 -95. Naresh Kumar and Arun Kumar, brothers of the Petitioner also challenged the order passed by the A.D.M. against them through Writ Petition No. 34393 of 1998, which was disposed of by me on 08.10.2010 directing that the land must stand settled with the Petitioners of the said writ petition on payment of Rs. 100/ -per square yard, i.e. total amount of Rs. 30,000/ -. That amount must have been paid by now.

(3.) AS Petitioner of the instant writ petition was also found to be in joint possession with his brothers hence this writ petition stands disposed of in terms of the judgment dated 08.10.2010 passed in Writ Petition No. 34393 of 1998. As the land is the same and Petitioner's brothers must have paid the amount under the judgment dated 08.10.2010 hence Petitioner need not pay any extra amount.