LAWS(ALL)-1992-9-95

VISHWANATH Vs. STATE OF U P

Decided On September 24, 1992
VISHWANATH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) WHETHER petitioner would be entitled to the benefit of sub-section (4) of section 122-B of the UP ZA LR Act 1950 (for short the Act) is the short questions for consideration in this petition.

(2.) IN proceedings under section 122-B of the Act 9 notice 49 Ka (Annexure II to the petition) was served on vishwanath the petitioner for ejectment and damages, as he has occupied the land vested in the Gaon Sabha otherwise than in accordance with the provisions of the Act.

(3.) LEARNED counsel for the petitioner urged that the petitioner is entitled to protection under section 122-B (4-F) of the Act, hence he is not liable to ejectment and the impugned order was manifestly erroneous.