WAHID Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Shri B. Dayal for the Meerut Development Authority and Shri Mahesh Narain Singh for the respondent no. 5, the Gaon Sabha. The writ petition arises out of proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act and seeks quashing of the order dated 12.06.2019 passed by the Additional District Magistrate (Judicial), Meerut.

(2.) The dispute in the writ petition pertain to plot no. 190 area 0.391 hectares situated in Village Ghosipur, Tehsil and District Meerut.

(3.) The contention of counsel for the petitioner is that the land in dispute is recorded as abadi in the revenue record. Therefore, the proceedings under Section 122-B/Rule 115-C were not maintainable. The impugned order has wrongly been passed on the premise that the land is recorded as Khalihan, which is factually incorrect. It is also contended that proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act were not maintainable also in view of the fact that a civil suit filed by the petitioners regarding the same land had already been decreed in their favour.