SHANKAR SARAN Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition the petitioners have prayed for quashing the order passed by the Tahsildar, Moradabad dated 3-1-1986 evicting the petitioners from plot No. 1144/2 measuring 0.14 acres and also awarding damages to the tune of Rs. 10910/- as well as the order of Additional Collector, Moradabad dated 29th September, 1986 whereby the petitioners revision petition has been dismissed.

(2.) BRIEF facts giving rise to the present writ petition are that the opposite party no. 2 had started proceedings under section 122-B of the U. P. Zamindari Abolition and Land Reforms Act against the petitioners in the year 1972 and the aforesaid proceeding was decided against the Gaon Sabha on 14-3-1972, as is evident from Annexure ' 1 ' attached with the writ petition. Thereafter the Gaon Sabha again started the proceeding under Sec. 122-B of the UP ZA and LR Act against the petitioners and the same was withdrawn on 28-5-1985. Thereafter in the year 1985 again proceeding under section 122-B of UP ZA and LR Act against the petitioners has been initiated. The petitioners contested the claim of Gaon Sabha on the ground that the proceedings against the petitioners were barred by the principles of res judicata and it had also been emphasised that there did not exist any rasta claimed by the Gaon Sabha and the proceedings giving rise to the present writ petition were initiated causing great harassment and mental agony to the petitioners. Pleas of the petitioners in the proceedings giving rise to the present writ petition have been contained in Annexure ' 4 ' attached with the writ petition. Annexures ' 5 ' and ' 6 ' are the orders passed by the opposite party no. 3 Tahsildar, Moradabad and the Additional Collector, Moradabad against which the petitioners have approached this court under Article 226 of the Constitution.

(3.) THIRD contention raised on behalf of the petitioners is that there exists a bonafide question of title and Gaon Sabha has failed to establish its title to the disputed land and has unnecessarily harassed the petitioners several times. The proceeding giving rise to the present writ petition is an abuse of the process of the Court, therefore, the impugned orders should be quashed.