BHEEKAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) The petiioner Bheekam Chandra who has been in settled possession of the property in question for the last 50 years, earlier his father and after his death he came in possession has been dispossessed without recourse to any legal proceedings, by the Sub Divisional Magistrate (Sasni) who acted in the light of the order passed by the District Magistrate and the District Magistrate at the instance of a local MLA namely Shri Genda Lal Chaudhary, without recourse to any legal, quasi legal or to even summary proceedings, exparte, arbitrary and whimsical.

(2.) Khasra No. 40 situate in Bijahari Tehsil Sasni District Hathras (Mahamaya Nagar), later converted as Plot No.40/2 and 27 is the subject matter of the present writ petition. A temple, dharamshala and 20 shops are there on the said plot.

(3.) Indisputably, Smt. Kishani Kunwar, the then Zamindar established a temple of Jawala Ji Maharani on the said plot, owned by her. She maintained the temple during her life time. She died in the year 1950-51 without leaving any issue. Shri Devi Prasad father of the petitioner claimed himself as nephew of Smt.Kishani Kunwar started managing the temple after death of Smt. Kishani Kunwar. He also died in the month of May 2007. The petitioner claims that thereafter he is managing the temple, dharamshala and 20 shops after death of his father and claims to be in continuous possession of the temple, dharamshala and shops. Proceedings under section 122-B for eviction of unauthorised occupation over Gaon Sabha property, under U.P.Zamindari Abolition & Land Reforms Act were initiated against Devi Prasad. The said proceeding was dropped by the order dated 29.9.1975 in favour of Devi Prasad. The order dated 29.9.1975 was passed by the Assistant Collector, Hathras. In paragraph-14 of the writ petition, it has been stated that against one of the tenants of the shop built on the land of the temple, Devi Prasad had initiated eviction proceedings, as Manager and Landlord. The said proceedings came up to this Court in writ petition no. 28314 of 1995 at the instance of tenant Ram Swaroop. This also shows, the possession of Devi Prasad over the property in dispute. According to the petitioner, the property was never vested in Gaon Sabha after abolition of Zamindari in the State of U.P.