NAUSHAD ALI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ADMIT. Issue notice. Notice on behalf of opposite parties No. 1 and 2 has been accepted by learned Chief Standing Counsel, while notice on behalf of opposite party No. 3 has been accepted by Sri R.N. Gupta, who pray for and are allowed eight weeks' time to file counter affidavit. Six weeks' time thereafter is allowed to learned counsel for the petitioner to file rejoinder affidavit. List immediately after expiry of the aforesaid period. Learned counsel for the petitioner submits that the proceedings under section 122-B of the Uttar Pradesh Zamindari & Land Reforms Act were initiated upon the report of Lekhptal and objections were filed by the petitioner, immediately after receiving the notice. The opposite party no.2 rejected the objections of the petitioner and imposed the penalty by means of the order dated 29.9.2008. When the said order has been challenged before the opposite party No.1, it has also been dismissed. It has been contended by learned counsel for the petitioner that without following the procedure prescribed under Section 122-B of the Act, the impugned orders have been passed. Prima facie, a case for interim relief is made out. It is provided that in case the petitioner deposits a sum of Rs.10,000/- as compensation within a period of one month from today, the operation and implementation of the orders dated 15.12.2008 and 29.9.2008 passed by the opposite parties 1 and 2 respectively, shall be kept in abeyance.