ROSHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners against a notice under Section 49-A of the U.P.Z.A. & L.R. Act issued by Tehsildar Mau presuming that the petitioners are in illegal and unauthorized occupation of the Gaon Sabha land, as such they are liable for payment of a compensation in lieu thereof to the tune of Rs. 78,300/-. The said notice is dated 20.3.2009. Further it has been informed to the Court that on the basis of the instigation of Pradhan of village, a suit has been filed as Suit No. 255 of 1998 against the petitioners and various other persons on the ground that they are in illegal occupation of the Gaon Sabha land. The suit is still pending and the trial court vide this order dated 21.2.1998 has passed an order of status-quo. The status-quo suit is still pending. In the mean time the said notice under Section 49-A of the Act has been issued imposing damages upon the petitioners. The petitioners submit that unless and until a liability is fixed upon the petitioners that they are in occupation of the Gaon Sabha land, no damages or compensation can be realized. Further a submission has been made that the suit is still pending, therefore unless and until it is decided in favour of the petitioners or in favour of respondent Gaon Sabha, second notice is without jurisdiction and cannot be sustained. I have heard the counsel for the parties. From the record it is clear that the suit is still pending for consideration between the same parties and the order of status-quo is there. Therefore, the second notice fixing a liability of damages, in my opinion, should not have been issued unless and until liability is fixed. But this question at this stage can not be considered as the suit filed by the Gaon Sabha is still pending. THIS question can be decided in the suit pending before the competent court of law. In such a situation, the petitioners are at liberty to make an application in the said suit annexing the copy of the notice fixing the liability of the damages before the Collector that fixing the liability without deciding this dispute whether the petitioners are in unauthorized occupation of the Gaon Sabha land or not, no damages can be realized and the subsequent notice is without jurisdiction. If such application is filed annexing all the relevant documents in Suit No. 255 of 1998, the trial court is directed to consider the said application on merits in accordance with law and will pass a specific order to that effect after giving fullest opportunity to the relevant parties within two months from the date of production of a certified copy of this order before him. The writ petition is disposed of accordingly. No order is passed as to costs.