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IN THE HIGH COURT OF ALLAHABAD
S.U. Khan, J.
Dheeraj and Another – Appellants
Versus
Deputy Director of Consolidation and Others - Respondents
Decided On : 09-07-2009
Usurpation - Property Dispute - The court dismissed the writ petition and directed the possession of the property in dispute to be delivered to Gaon Sabha.
Fact of the Case:
Petitioner and Mahendra jointly tried to usurp the property of Gaon Sabha. The court dismissed the Revision No. 42/80 of 2008-09, Dheeraj Singh v. State of U.P. 2.
Finding of the Court:
The court found that the attempt to usurp the property was rightly thwarted, and no fault could be found with the impugned order. The writ petition was dismissed, and possession of the property in dispute was directed to be delivered to Gaon Sabha.
Issues: The issues involved the challenge to the compromise between the petitioner and Mahendra, the belated appeal, and the application of U.P.C.H. Act u/s 11C regarding the vesting of land in the State Government or Gaon Sabha.
Ratio Decidendi: The court applied the provisions of U.P.C.H. Act u/s 11C, which provide for the recording of land in the name of the State or Gaon Sabha if it is concluded that the land vests in the State Government or Gaon Sabha, even if no objection, appeal, or revision has been filed by the State or Gaon Sabha.
Final Decision: The writ petition was dismissed, and possession of the property in dispute was directed to be delivered to Gaon Sabha.
S.U. Khan, J.
Petitioner and Mahendra jointly tried to usurp the property of Gaon Sabha. Learned S.O.C. and D.D.C. rightly thwarted the attempt. D.D.C. Bulandshahr Camp, Gautam Budh Nagar through order dated 26.2.2009 dismissed the Revision No. 42/80 of 2008-09, Dheeraj Singh v. State of U.P.
2. Learned Counsel for the petitioner has argued that Mahendra had not challenged the compromise in between petitioner and him and standing Counsel had no right to file appeal against order dated 5.12.2001 passed by CO. settling Gaon Sabha land with the petitioner on the ground that Mahendra had agreed for the same (earlier A.C.O. through order dated 9.1.1986 had settled Gaon Sabha land with Mahendra). It has also been argued that appeal was belated (filed in 2006) and no delay condonation application had been filed. u/s 11C of U.P.C.H. Act it is provided that if C.O., S.O.C or D.D.C. while hearing a case comes to the conclusion that any land vests in the State Government or Gaon Sabha then it shall be recorded in the; name of the State or Gaon Sabha even though no objection, appeal or revision has been filed by State or Gaon Sabha.
3. Accordingly, absolutely, no fault can be found with the impugned order.
4. Writ petition is dismissed. Possession of the property in dispute shall immediately be delivered to Gaon Sabha.
5. Office is directed to supply a copy of this order free of cost to learned standing Counsel within three days.
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