GAYA PRASAD JAISWAL 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 on the basis of the resolution dated 23.9.1973, the Land Management Committee of the Gaon Sabha had allotted the land in dispute in favour of the petitioner for the purpose of construction of house and installation of Chakki. After allotment of the land in dispute, the petitioner raised construction thereon and is continuously residing and carrying on his business. It has been contended by learned counsel for the petitioner that the allottee of the land for construction of a house after the construction of building acquire heritable interest therein and becomes owner thereof cannot be subjected to ejectment under the provisions of sub-Rule 2 of Rule 115 of U.P.Z.A.& L.R. Act, 1952. Further, the provisions of Section 122 of the Act are not applicable. 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 order dated 30.3.2009 contained in Annexure No. 1 to the writ petition passed by opposite party No.2 in Revision No. 7/74 of 2008 [State Versus Gaya Prasad] shall be kept in abeyance.