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2016 Supreme(All) 2669

V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
Om Prakash Bind – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Dheeraj Kumar Yadav.
For the Respondent: C.S.C.

JUDGMENT

Om Prakash Bind is before this Court with the prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 3 and 4 to initiate the proceedings against respondent nos. 5 to 10 as they are trying to encroach the land of Gram Sabha i.e. Arazi No. 71-Ka, Area .243 Hectare situated at Mauja Madhaipur, Post Seura, District Jaunpur, which is recorded as Banjar in the revenue records.

2. U.P. Zamindari Abolition and Land Reforms Act, 1950 is a self contained Act and therein under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (in short "the Act of 1950"), a comprehensive procedure has been provided for wherein order of ejectment as well as damages can be imposed. A Division Bench of this Court in Misc. Bench No. - 9514 of 2014 (P.I.L.) (Ram Sijore Vs. State of U.P. & others) has already taken a view that in such a matters once a full fledged mechanism has been provided for to remedy the situation, then the said remedy should be invoked, as such, there is no occasion for this Court to permit the petitioner to by-pass the provisions, as is provided for under Section 122-B of Uttar Pradesh Zamindari Abolition & Land Re




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