BIRENDRA BAHADUR SINGH Vs. STATE OF U.P

JUDGEMENT

(1.) We have heard learned counsel for the parties and perused the pleadings of writ petition.

(2.) By means of this petition the petitioner has prayed for a writ in the nature of certiorari quashing the order dated 18.08.2012 passed by Assistant Engineer (3rd), National Highway Division, P.W.D. Lucknow (annexure-1 to the writ petition) and further a writ in the nature of mandamus commanding the respondents not to interfere in the matters related to Plot No. 466 (old no. 717), Town Haidergarh, district Barabanki.

(3.) The facts of the case, in brief, are that the petitioner is the owner of residential house situate at plot no. 466 (old number 717), town Haidergarh, District Barabanki. This plot is located on one side of Lucknow-Sultanpur highway, which is registered as Abadi land in the Annual Register or Shatvarshik Khatauni dated 26.3.1993. This plot was originally registered in the name of one Ram Singh, whom the petitioner alleges to be his ancestor. Against Ram Singh, a complaint under Section 13 of the U.P.Road Side Land Control Act, 1945 , hereinafter referred to as Act, 1945 was made alleging that he had made an illegal encroachment on the controlled area of Lucknow-Sultanpur Highway, in respect of which a case bearing no. 8 of 1967 was registered, which was decided by Sub Divisional Magistrate Haidergarh, Barabanki vide his judgment and order dated 19.9.1967 holding that the charge against Ram Singh was not found proved and accordingly he was acquitted. Against the aforesaid judgment, no appeal was preferred and according to the petitioner, aforesaid judgment of Sub Divisional Magistrate Haidergah attained finality.