GIRJA Vs. STATE OF U P

JUDGEMENT

(1.) THE prayer of the petitioner is to command the Respondents not to demolish his house and to evict him from his peaceful possession over lands bearing Plot Nos. 277, 273, 279 and 280 of Mauja Jarahar Taluka Naugarh, Tahsil Chakia, District (Varanasi) Presently Chandauli by issuance of a writ, Order or Direction in the nature of mandamus.

(2.) HE asserts to this effect-HE is a Schedule Caste. HE has been residing on the land in dispute for a period of more than 40 years before the Zamindari Aboli tion and Land Reforms Act. The land on which his house is situated will be deemed to have settled with him under Section 9 of U. P. Z. A. and L. R. Act. HE has been using the lands in dispute for the purpose of agricul ture. Parcha Awapasi (Annexures 2 to 7) Pass-Book (Annexure-8) which was granted to him shows that he has been in continuous possession from 1977 till date. HE was shocked and surprised when he came to know that Respondent No. 2 (the Forest Ranger, Majhgayee Range, Mauja) is going to demolish his house and evict him from the: above- mentioned plots without giving any opportunity to him. HE made a representation dated 21-1-92 alongwith others, on 24-1-92 before the District Magistrate, Varanasi (as con tained in Annjexure-9 ). In view of the Notifications dialed 30-6-75 and 30-6-85 (copy not appended) a Scheduled Caste is not to be dispossessed from a land which is used for the purpose of his dwelling shel ter. There is no notification showing that the land in dispute was ever declared as Forest land. Thus, the Forest Department has no concern with it. Accordingly the action of the respondent is wholly ar bitrary and unwarranted.

(3.) SRI Jitendra Kumar, learned Coun sel appearing on behalf of the petitioner, holding brief of SRI S. R. Tiwari, contested as follows- In view of the statements made by the petitioner in his writ petition and the rejoinder-affidavit to the counter-affidavit he is entitled to reliefs claim for. The exist ence of the house has been wrongly denied. In view of the provisions made by the Government in the notifications as he petitioner belongs to Scheduled Caste the cannot be evicted from his lands which has been possessed from last 50 years.