MOHAN Vs. DISTRICT MAGISTRATE/COLLECTOR GHAZIPUR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned standing counsel for respondents No. 1 to 3 and 5.

(2.) PETITIONERS claim that on 6.5.2009, an order has been passed in their favour by Consolidation Officer, Nand Ganj, district Ghazipur in Case No 280, Mohan v Sarkar under Section 42A of U. P. C. H. Act. Copy of the said order is Annexure-4 to the writ petition.

(3.) LEARNED counsel for the petitioner has placed reliance upon an authority of this Court in Smt. Ashok Kumar Gupta v. State of U. P. and others, 2006 (2) AWC 1525, and has argued that it is a case of house grabbing, hence respondents, who are D.M., S.D.O. Station House Officer, Pradhan and Lekhpal, should be restrained from interfering in the peaceful possession of the petitioner. On the contrary I am of the opinion that it is the petitioner who is trying to grab the Gaon Sabha land.