LAWS(ALL)-2016-2-391

MAHARSHI VIDYA MANDIR Vs. ADDL COMMISSIONER (ADMIN )

Decided On February 09, 2016
Maharshi Vidya Mandir Appellant
V/S
Addl Commissioner (Admin ) Respondents

JUDGEMENT

(1.) Heard Sri Ram Raj, for the petitioner.

(2.) The writ petition has been filed against the orders of Deputy Collector (Revenue) dated 09.09.2015, decreeing the suit filed by respondent-4 to 9 (hereinafter referred to as the respondents) for ejectment of the petitioner under Section 209 of U.P. Zamindari Abolition and Land Reforms Act,1950 (hereinafter referred to as the Act), Additional Commissioner, dated 23.11.2015, admitting the revision of the petitioner but rejecting stay application, and notice issued by Kanoongo dated 19.01.2016 fixing 08.02.2016 for demarcation and possession to the respondents

(3.) The respondents filed a suit (registered as Suit No. 7 of 2011-12) under Section 209 of the Act, for ejectment of the petitioner from plot 88 (area 0.316 hectare) of village Semara Gaurhi tahsil and district Lucknow. It has been stated by the respondents that their father, was sole bhumidhar with transferable right of the land in dispute. After death of the father, they inherited it. On 15.04.2011, when they obtained khatauni of the aforesaid plot, then they came to know that the petitioner was in possession of the land in dispute. The petitioner was liable to be ejected.