ISRAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THE subject matter of this petition is a pond, admeasuring about 0.3360 hectare at Khasra No. 1266 in Village Meerpur, Pargana and Tahsil Ramnagar, District Barabanki. The petitioners are residents of the village. Their complaint was that the area of the pond was wrongfully occupied, encroached upon and unlawful constructions were raised. The petitioners have represented the matter to the District Magistrate. Eventually, a writ petition was filed before this Court in which an order was passed by a Division Bench of this Court on 3 December 2013 directing that an appropriate action should be taken in accordance with law. When a contempt petition was filed, a learned Single Judge, by an order dated 4 April 2014, noted that orders for eviction and for repossession and damages had already been passed under section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (the Act) and hence, contempt proceedings were dismissed on 4 April, 2014.

(2.) THE petitioners seek, in these proceedings, to challenge the constitutional validity of the provisions of section 117 and section 122B of the Act. They have sought, in addition, the quashing of orders passed under section 122B on 25 March 2014 and a mandamus to protect the sanctity of the pond as well as to restore the public pond for the use and enjoyment or the residents.

(3.) SECTION 117 of the Act, in fact, provides for the vesting of certain lands, etc. in Gaon Sabhas and other local authorities. Section 122B empowers the Assistant Collector to take action for eviction and for recovery of damages where any property vested in the Gaon Sabha or local authorities is damaged or misappropriated.