BRIJESH KUMAR UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) IN this case on 12.10.2012 when arguments were heard, the following order was passed on the order sheet:

(2.) IN para -6 of the writ petition, it is mentioned that petitioners or their predecessor -in -interest were allotted land and they constructed their houses in plots No. 835, 836 and 837. In para -7 of the writ petition it is stated that against several persons occupying different portions of the plots in dispute proceedings for eviction were initiated under section 122 -B of U.P.Z.A. & L.R. Act; in several cases Tehsildar dropped proceedings; one of such cases was decided on 18.8.1981 and copy of the said order is Annexure -II to the writ petition. The number of the said case was 45 of 1980 -81, L.M.C. v. Santosh Kumar. The case was initiated against Santosh Kumar and Brijesh Kumar sons of Lakshmi Narain. Brijesh Kumar Upadhyay son of Sri Lakshmi Narain Upadhyay is petitioner No. 1 in this writ petition. Annexure -III to the writ petition is an application by Lakshmi Narain Upadhyay, father of petitioner No. 1 dated 13.2.1991 inquiring as to whether plots in dispute were vacant or in the possession of the public and on what plots normally fair was being held. If Lakshmi Narain was alive in 1991 then how in 1981 proceedings were initiated against his sons is not clear. It is quite possible that Annexure -II to the writ petition may have been passed in respect of some other Brijesh Kumar and not petitioner No. 1.

(3.) THEREAFTER , Raj Kumar and Suraj Pal filed an application on 21.8.1999 before Deputy Collector under section 143 of U.P.Z.A. & L.R. Act requesting for change of nature of land in the revenue record. Against that Gaon Sabha filed objections on 4.2.2000, copy of which is Annexure -VII to the writ petition. Thereafter, Deputy Collector, Tundla District Firozabad passed order on 24.6.2002 in Case No. 1/2000/06/2001 -02. Through order dated 24.6.2002, Deputy Collector declared the entire land in dispute, total area 0.942 hectare as abadi under section 143 of U.P.Z.A. &l L.R. Act. It is mentioned in paragraphs 17 of the writ petition that after passing of order dated 24.6.2002, in the revenue record also land was recorded as abadi.