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2017 Supreme(All) 2723

RAJAN ROY
VIJAY KUMAR – Appellant
Versus
STATE OF U. P – Respondent


Advocate Appeared:
For the Appellant :Karunakar Srivastava, Advocate
For the Respondent:C.S.C, Jai Kumar and Mohan Singh, Advocates

JUDGMENT :

Rajan Roy, J.

Heard.

2. Sri Deepu, the complainant who was a party in the revision has not been impleaded in the writ petition.

3. Sri Mohan Singh, learned Advocate has filed an application for impleadment.

4. Sri Mohan Singh, Advocate is given a right of hearing. The application is disposed of accordingly.

5. This is a writ petition under Article 226 of the Constitution of India challenging the orders passed by the authorities/Courts below in proceedings under section 161 of the U.P. Zamindari Abolition & Land Reforms Act 1950 (hereinafter referred as 'Act 1950') for exchange of land.

6. In nutshell, the fact is that the petitioner admittedly, albeit, allegedly unknowingly, encroached upon land which was reserved for pond i.e. land falling under section 132 of the Act 1950 and built thereupon a house in which he is residing. In view of this encroachment proceedings under section 122-B/C of the Act 1950 read with Rule 115-C were initiated against him wherein orders of eviction and damages were passed. Ultimately the matter came up before this Court by means of Writ Petition No.4355(MS) of 2014 filed by the petitioner challenging the said proceedings. During the course of procee






















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