HARIDAS Vs. COLLECTOR MAHOBA

JUDGEMENT

(1.) IN this matter, despite repeated opportunities granted by Hon'ble Division Bench on 5-11-1998 and 7- 12-1998, none of the respondents have filed a counter-affidavit. On 7-12-1998, the Division Bench recorded that further one month time and no more was permitted for filing a counter-affidavit. Yet, no counter-affidavit has been filed. The petition remains unanswered.

(2.) THE petitioner has now been substituted by his son, Thakur Das, as the petitioner, Haridas, had died on 4 December, 1998. His son sought impleadment within time. Thus, in lieu of the petitioner, his son, Thakur Das, stands substituted. However, this does not affect the merits of the issues before this Court or before the authorities below.

(3.) NOTHING more needs to be written by this Court except that 5. 04 acres of the petitioner's land had been permitted to be occupied between the respondents, that is, the State of Uttar Pradesh and the Government of India. The occupation is illegal. By usurpation of the petitioner's land without authority of law and deprivation of his property arbitrarily, both the respondents have taken the law into their hands. Where the fault lies may be a matter between the State of Uttar Pradesh and the Union of India. 6. In the circumstances, this leaves the Court with no option, as the respondents have elected not to reply to the petition by filing a counter-affidavit and it is on record that the Government of India has occupied the petitioner's land illegally, but to issue directions in the nature of mandamus to both the respondents that such land of the petitioner arising out of Plot No. 2402, measuring 5. 04 acres occupied and usurped illegally shall be returned to the petitioner forthwith. 7. For this illegal exercise which has been caused in occupying a citizen's property without authority of law, which this Court considers a brazen exercise to violate the law, ought not to be encouraged. Each of the respondents, that is, State of Uttar Pradesh and the Government of India shall pay to the petitioner cost of Rs. 50,000 each, within one month from today. These costs, two sets of Rs. 50,000 are to be deposited with the Registrar, High Court, and thereafter paid to the petitioner by an account payee cheque. 8. The petition succeeds with costs, as above. .