LAWS(ALL)-2014-9-186

RAM SIJORE Vs. STATE OF UP

Decided On September 23, 2014
Ram Sijore Appellant
V/S
STATE OF UP Respondents

JUDGEMENT

(1.) The petitioner has moved this Court seeking invocation of jurisdiction under Section 122-B of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (the Act) in respect of certain illegal encroachments on a land which is recorded for public utility purposes in the revenue records of Village Ismilepur Dubkhar, Pargana and Tehsil Akbarpur, District Ambedkar Nagar.

(2.) The records would indicate that the petitioner has moved a representation to the Collector, Ambedkar Nagar merely only on 18 September 2014, i.e. one day before the date of filing of these proceedings under Article 226 of the Constitution on 19 September 2014.

(3.) Sub-section (1) of Section 122-B of the Act provides that where any property vested under the provisions of the Act in a Gaon Sabha or a local authority is damaged or misappropriated or where any Gaon Sabha or local authority is entitled to take or retain possession of any land under the provisions of the Act and such land is occupied otherwise than in accordance with the provisions of the Act, the Land Management Committee or the local authority, as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. Under sub-section (2) of Section 122-B of the Act, the jurisdiction of the Assistant Collector is invoked on the information received under sub-section (1) or otherwise.