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2018 Supreme(All) 1941

SALIL KUMAR RAI
Manshab Ali – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Brijesh Kumar Pandey
For the Respondent: Arun Kumar Srivastava

JUDGMENT :

Salil Kumar Rai, J.

The present writ petition has been filed praying for a writ of mandamus commanding the respondent - revenue authorities to remove the alleged encroachments made over Plot No. 154 situated in Village Bizarkhata, Tehsil Swar, District Rampur, which has been alleged to be Gaon Sabha property.

2. Counter affidavits have been filed on behalf of respondent no. 4 i.e. Tehsildar, Tehsil Swar, District Rampur as well as by respondent no. 6 who is alleged to be in illegal occupation of the Gaon Sabha plot.

3. A perusal of the aforesaid counter affidavits show that initially proceedings were instituted against respondent no. 6 under Section 122-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 but the same were subsequently dropped by order dated 14.10.1991. However, subsequently again proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, 'Code, 2006') were instituted against respondent no. 6 and in the said proceedings, an order dated 19.3.2018 was passed by the Tehsildar i.e. respondent no. 4 again dropping the proceedings against respondent no. 6. However, the Gaon Sabha i.e. respondent no. 5 filed an




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