SUNDER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In view of the averments made in para 24 of the writ petition that the earlier proceeding was initiated under Section 167 of U. P. Z. A. & L. R. Act, an objection was filed by the petitioner but the same was dismissed on technical ground and the revision file by the petitioner was also dismissed. Again respondent no. 3 has initiated a proceeding and notices were issued. In the said proceeding the petitioner has not been impleaded as a party though the petitioner is in possession and earlier in the various cases it has been terminated in favour of the petitioner. In such a situation as the petitioner is an affected party and by virtue of the order dated 7. 8. 2008, Annexure-13 to the writ petition, the possession of the petitioner may be affected, as such taking into consideration all the facts and circumstances of the case the petitioner is given a liberty to file nn objection before the Collector, Lalitpur annexing all the relevant documents and if such an objection is filed, the Collector, Lalitpur respondent no. 3 is directed to consider the objection filed by the petitioner on merit in accordance with law and pass the orders accordingly while considering the case respondent no. 3 will also take into consideration the fact that on the basis of proceeding initiated by the Gaon Sabh regarding the particular land, if the petitioner is going to be affected by any order, then the petitioner will be afforded a proper opportunity to that effect. The writ petition is disposed of accordingly. It is also provided that till the decision of the objection filed by the petitioner, the possession of the petitioner will not be disturbed in the land in dispute .