KEHRI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the parties. The prayer in both the writ petitions is for issuing a writ of mandamus commanding the respondents not to evict the petitioners from the land allotted to them without following the procedure provided under the Act (U.P.Z.A. and L.R. Act). The following are the respondents in the writ petition :

(2.) ALL the petitioners in both the writ petitions claimed to be allottees of different portions of land of different plots from the Land Management Committee. It has further been stated in both the writ petitions that all the petitioners were granted asami pattas in the year 1967. Most of the petitioners are stated to have been allotted an area of 1.2 hectares each. However, it is stated that some petitioners were allotted different areas. It has also been alleged that till 2000 petitioners paid the rent however, thereafter it was not accepted by the authorities.

(3.) THE other argument of learned counsel for the petitioners is that petitioners can be evicted only through suit filed by the Gaon Sabha under Section 202 of U.P.Z.A. and L.R. Act. However, in this regard reference may be made to an authority of this Court in Hari Ram v. Collector, 2004 (97) RD 360 : 2005 (1) AWC 758. In the said authority it has been held that suit under Section 202 of U.P.Z.A. and L.R. Act is not the only provision to evict unauthorised occupant of Gaon Sabha land/asami patta holder after expiry of period of lease. In the said authority it has further been held that Sub-Divisional Officer concerned may in summary proceedings evict the asami patta holder after expiry of period of lease by expunging his name from revenue records.