JANAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for petitioner Sri S. K. Pandey who has vehemently argued that the impugned orders are erroneous and are not in accordance with law. He contends that the proceedings under Section 122-B of the U. P. Z. A. & L. R. Act, 1950 had been earlier dropped, yet on an erroneous complaint the matter was again re-agitated. He submits that the petitioners as a matter of fact after having contested the matter had offered the Gaon Sabha alternative land, in lieu of the area which is said to? be in the illegal occupation of the petitioner, for the purpose of excavating the pond.

(2.) The contention is that the Gaon Sabha as well as the Sub Divisional Magistrate of the area concerned both acceded to this request of the petitioner and accordingly the petitioner executed a registered gift deed in favour of the Gaon Sabha for an equivalent area of land which is alleged to be in the illegal occupation of the petitioner. Learned counsel contends that the impugned orders proceed on erroneous assumptions and cannot be countenanced as they discard the aforesaid developments.

(3.) The impugned orders record that the demi-official letter dated 9th April, 2010 was in relation to persons who were downtrodden and oppressed so that they may not be uprooted from their hutments, whereas the petitioners appear to be large tenure holders. In the circumstances, the petitioners were denied the benefit of the said demi-official letter which has been relied upon by the petitioners.