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2015 Supreme(UK) 86

ALOK SINGH
Gram Panchayat, Village Ajeetpur – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. Pradeep Kumar Chauhan, Advocate for the Petitioner.
Mr. Gajendra Tripathi, Brief Holder for Respondent-State.

JUDGMENT

Alok Singh, J.


1. Present petition is filed by the Gram Panchayat, Village Ajeetpur, Block Bahadarabad, Tehsil and District Haridwar seeking writ of mandamus commanding the respondent Nos. 1 to 3, i.e. Secretary Revenue, Dehradun, District Magistrate Haridwar and S.D.M. Haridwar to ensure that encroachment on the Gram Sabha land bearing Khasra No. 122-M, Village Ajeetpur, District Haridwar be removed forthwith.

2. Learned counsel for the petitioner has vehemently argued that respondent Nos. 5, 6 and 7 are in unauthorized possession of the Gram Sabha land bearing Khasra No. 122-M, therefore, Revenue Authorities should remove the encroachment from the Gram Sabha land by evicting respondent Nos. 5, 6 and 7 therefrom.

3. Section 122-B of the U.P. Z.A. & L.R. Act, 1950 reads as under:-

“122-B. Powers of the Land Management Committee and the Collector.- [(1) Where any property vested under the provisions of this Act in a Gaon Sabha or a local authority is damaged or misappropriated or where any Gaon Sabha or local authority is entitled to take or retain possession of any land under the provisions of this Act and such land is occupied otherwise than in accordance with the provisi


















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