SAGEERUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) Admit. Notice on behalf of opposite parties 1 to 3 has been accepted by the learned Chief Standing Counsel, whereas Mr. R. N. Gupta has accepted notice on behalf of the opposite party No. 4. They pray for and are granted six weeks to file counter affidavit and the petitioners will have four weeks thereafter to file rejoinder affidavit. List immediately after expiry of the aforesaid period. The grievance of the petitioners is that the opposite parties are adamant to demolish the house of the petitioners constructed over the land in dispute Gata No. 279 new plot No. 157 situate at Village Dominpur Pargana Sadar, Tahsil Lalganj, District Pratapgarh, hence they may be restrained. It has been stated by the counsel for the petitioners that the names of the petitioners were recorded in the revenue records since 1359 Fasli and the construction was also erected. Mr. R. N. Gupta, learned counsel for the opposite party No. 4 submits that in view of the provisions of 123 (2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, in case the petitioners file an appropriate application, the demolition will be stayed. In view of above, the opposite parties are restrained from demolishing the construction of the petitioners, in case they move an appropriate application, as provided under Section 123 (2) of the aforesaid Act. .