JAIRAM SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This order governs Civil Misc. Writ Nos. 412 and 413 of 1957 by Jai Ram Singh, and Dharambir Singh and two others, respectively. As the facts of the two cases are virtually the same and similar questions of law are involved in both, they are being decided by one judgment. The request made in both the cases was for the issue of a writ of certiorari, or an order or direction in the nature of certiorari, to quash an order passed by the Additional District Magistrate, Nainital, respondent No. 2, who was a competent authority under the U. P. Government Land (Eviction and Rent Recovery) Act, 1953 (Act No. 29 of 1953) for the ejectment of the petitioners from the Government land.

(2.) The facts of both the cases were disputed by the respondents, the State of Uttar Pradesh and lhe Additional District Magistrate, Nainital, in their counter-affidavit, but for Purposes of the present cases, the facts as emerge out cannot be deemed to bo in dispute. These facts, in brief, are that certain area of land in Tahsils Kicha and Bazpur, of the District Nainital, previously under the management of Tarai and Bhabhar Estate was transferred to 'the Colonization Department for settlement of specific categories of persons. According to the petitioners, the land in dispute lies within the Kham land of Tarai and Bhabhar Estate and had not been transferred to the Colonization Department. The respondents, on the other hand, assert that the land now belongs to the Colonization Department and is under the control of Director of Colonization. For the purposes of the present proceeding, we shall have to start with the assumption that the land now belongs to the Colonization Department and could not have been allotted by the Kham Department of Tarai and Bhabhar Estate.

(3.) Both the sets of the petitioners assert to have obtained the land in question on lease from the Kham Department of Tarai and Bhabhar Estate. They further plead that the Colonization Department had no power to eject them and thereby take possession of the land given to the (Petitioners) in an authorised manner. As the land shall be deemed to belong to the Colonization Department, it can further be assumed that the possession of the present petitioners was not authorised. The Colonization Department is dispossessing the petitioners so as to allot the land to certain political sufferers.