DHANKALI Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present petition challenging the order dated 18.6.2011, passed by Additional Collector, (Finance & Revenue) Deoria (respondent no. 2) whereby the lease granted in favour of the petitioner on 09.07.1986 on Araji No. 140 Rakwa 0.06 decimal situated at Mohalla Salahabad, Pargana & Tehsil Salempur, District Deoria has been cancelled and directions have been issued for evicting the petitioner from the land in question.

(2.) The facts in brief giving rise to the present petition are as under:

(3.) The petitioner claims that she is the resident of Mohalla Salahabad, Pargana & Tehsil Salempur, District Deoria and was allotted patta of 0.06 decimal land of Plot No. 140 at Village Ichauna which is situated at Salempur by the Executive Officer, Town Area, which was duly approved by the Sub-Divisional Officer on 09.07.1986. It is claimed that the said lease was granted in exercise of powers conferred under section 122-C of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to U.P. Z.A & L.R. Act). The petitioner claims that after the grant of the lease the petitioner submitted a map for raising construction and the petitioner is residing on the said property after raising construction thereat. The petitioner claims that rest of the area of of Plot No. 140 was recorded in the name of Zila Udyog Kendra established by the State Government and the said Zila Udyog Kendra started interfering with the possession of the petitioner as such the petitioner has filed Civil Suit No. 963 of 1987 against Zila Udyog Adhikari and the Collector, Deoria. In the said suits written statements were filed by the Zila Udyog Kendra and the Collector on 10.11.1984 and 4.12.1987 respectively. The petitioner claims that the trial court had rejected the interim injunction application filed by the petitioner in the said Suit No. 963 of 1987 against which the petitioner preferred a misc. appeal before the learned District Judge vide Appeal No. 15 of 1984 which was allowed by the 4th Additional District Judge, Deoria on 15.2.1994 and the defendants were restrained from interfering in the possession of the petitioner.