SATISH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri B.P. Singh, learned Senior Advocate assisted by Sri Vivek Srivastava, learned counsel for petitioners, Sri Anshul Nigam, learned Standing Counsel for State and Ms. Anjali Upadhyay, learned counsel for respondents.

(2.) In the present case, about 5 decades ago, a notice was issued on 1/1/1970 against ancestors of petitioners in regard to land in dispute under Sec. 122B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short "Act of 1950") for eviction. In said suit, vide a reasoned order dtd. 21/4/1970, the notice was withdrawn with an observation that since ancestors of petitioners were in possession on land in dispute for more than 12 years and since no proceedings for eviction were earlier taken, therefore, they have acquired sirdari rights and a direction was passed to initiate proceedings for imposing taxes. Relevant part thereof is quoted below :

(3.) A second proceeding for eviction was initiated after a decade of above referred order and a second notice was issued in the year 1982 under Sec. 122B of Act of 1950 and on basis of report of Lekhpal dtd. 7/9/1982, proceedings were initiated, however, said second notice was also set aside vide order dtd. 27/3/1983 on same grounds with an observation that ancestors of petitioners may file a suit for declaration of their right. Relevant part thereof is quoted below :