JAGAT NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners have sought for a relief that a direction be issued to the District Magistrate, Firozabad to consider the claim of the petitioners and settle the land in their possession on the basis of a lease that may be granted in terms of the judgment dated 9.3.2007 passed in Writ Petition No.39068 of 2008, Brijesh Kumar Upadhayay & others Vs. State of U.P. & others.

(2.) The case of the petitioner no. 1 and 2 are distinguishable from the other petitioners. The causes of action and foundation of claim on facts are different but all the petitioners have joined together to pray for a common relief.

(3.) Having heard the learned counsel for the petitioners and having perused the judgment referred to hereinabove, it appears that in proceedings under Section 122-B of the U.P.Z.A. & L.R. Act, 1950 certain occupants thereon claimed that they should be settled with the land and the proceedings for having encroached on Gaon Sabha Land against them under Section 122-B of the 1950 Act should be dropped. The judgment also refers to a judgment in the case of Ram Charan & others Vs. Additional Collector (Prashashan), Firozabad & another, Civil Misc. Writ Petition No.4775 of 1983 decided on 9.3.2007. A copy of the said judgment has also been filed on record.