Kamlesh Verma vs Collector, Faizabad and Others

Anil Kumar, J.—Heard Sri Vinod Kumar Singh-II, learned Counsel for petitioner, learned State Counsel and perused the record. The controversy involved in the present case relates to Plot No. 162 area 275 sq. ft. situated in village Pakrela, Pargana Amsin, Tehsil & district-Faizabad. In the said land, the petitioner has built a house, as such a notice has been given to him to file response in a proceeding initiated against him under section 122-B of the U.P.Z.A. & L.R. Act. In the said matter, an order dated 21.7.2007 has been passed by Tehsildar/Assistant Collector, Sadar, Faizabad thereby passing the order of eviction of the petitioner and awarding the damages. Aggrieved by the said fact, the petitioner filed a revision before the O.P. No. 1, dismissed by order dated 9.4.2014.

Learned Counsel for petitioner while arguing the present matter submits that the present land is a Banjar land, as such taking into consideration the said fact as well as the provisions as provided under section 123(1-A) of the Act, the land should be settled with the petitioner, so the impugned order passed by Tehsildar/Assistant Collector, Sadar, Faizabad without taking into consideration the said fact is totally illegal and arbitrary, contrary to the law, liable to be set aside.

Learned State Counsel on the basis of the averments made in para No. 3 of the counter-affidavit submits that Plot No. 162 area 275 sq. ft, situated in village Pakrela, Pargana Amsin, Tehsil & district-Faizabad is the property of the State and the management of which has been entrusted to the Gram Sabha concerned and is recorded in revenue records under Clause 6(4) as ''manurepit''. The petitioner without any justification trespassed the same by raising construction thereon, as a result of which on the basis of report of Lekhpal concerned proceedings under sections 122-B of U.P.Z.A. & L.R. Act were initiated against the petitioner and show-cause notice in Z.A. Form 49-A was issued against him. Against the show-cause notice the petitioner submitted his reply raising technical grounds and further alleged that the land in question was recorded in the khata of abadi in first consolidation and he has raised constructions thereon and is living in the same. Since, he is an agricultural labourer and as such the land in question has been settled with him as his abadi by virtue of section 123 (1) of U.P.Z.A. & L.R. Act.

I have heard learned Counsel for parties and perused the record.

It is not in dispute between learned Counsel for parties that in the present case that the land in question is a Banjar land, so taking into consideration the said fact as well as the provisions of section 123(1) of the Act quoted as under:--

"Section 123(1) - Without prejudice to the provisions of section 9, where any person referred to in sub-section (3) of section 122-C has built a house on any land referred to in sub-section (2) of that section not being land reserved for any public purpose, and such house exists on the site of such house shall be held by the owner of the house on terms and conditions as may be prescribed."

As in the present case, the case of the petitioner has constructed his house over the land in dispute which is public land reserved for public purpose, keeping in view the said facts the case of the petitioner needs reconsideration as per the scope of section 123(1) of the Act, so in the interest of justice, it will be appropriate that impugned order may be set aside and the matter may be remanded to the O.P. No. 2 to consider and decide the same afresh in accordance with section 123(1) of the Act.

For the foregoing reasons, the writ petition is allowed. The impugned order dated 21.7.2007 passed by Tehsildar/Assistant Collector, Sadar, Faizabad is set aside and the matter is remanded to Tehsildar/Assistant Collector, Sadar, Faizabad to decide the same in accordance with observations made hereinabove, expeditiously, say within a period of six months from the date of receiving certified copy of this order. For a period of six months or till the decision taken by Tehsildar/Assistant Collector, Sadar, Faizabad in the matter in question whichever is earlier, parties are directed to maintain status quo as exists today.