Ram Charitra vs State Of U P And Others

Court No. - 9

Case :- WRIT - C No. - 14079 of 2019 Petitioner :- Ram Charitra Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Devendra Deo Gupta Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav for the respondent no.2, Gaon Sabha.

The instant writ petition arises out of proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, which were drawn against the respondents, on the basis of a report by the Lekhpal.

The order impugned passed in these proceedings are in favour of the alleged unauthorized occupant.

The petitioner, who alleges to be a resident of village has filed this writ petition challenging the order passed in favour of the alleged unauthorized occupant and against the Gaon Sabha.

In my considered opinion, the writ petition cannot be maintained by the petitiner, a private individual to canvass the interest of the Gaon Sabha, especially when the proceedings under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, had not been initiated on a complaint by the petitioner.

The writ petition as framed is therefore, not maintainable and is liable to be dismissed, as such.

Learned counsel for the petitioner states that he shall obtain the permission of the Collector to prosecute the interest of the Gaon Sabha.

In view of the statement so made, this writ petition is dismissed, as not maintainable.

It is however, clarified that dismissal of this writ petition shall not preclude the petitioner for filing a fresh writ petition challenging the impugned order, in case, he obtains permission from the Collector in writing, to prosecute the claim of the Gaon Sabha.

Order Date :- 25.4.2019 RKM