Shree Pal vs State Of U.P. & Another
2015 Latest Caselaw 712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- APPLICATION U/S 482 No. - 15179 of 2015
 

 
Applicant :- Shree Pal
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Vijay Singh Gour,Ashish Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties. 

This application has been filed for quashing the chare sheet dated 21.5.2014.

The submission of learned counsel for the applicant is that the property in question as per the allegations is a public pond belonging to the Gaon Sabha. The property of the Gaon Sabha is not covered under Section 3 of Prevention of Damage to Public Property Act, 1984 and under Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The question as to whether the property is a public property or not, is subject matter of dispute. On the direction of the Commissioner, in proceedings under Section 333 of U.P. Z.A. & L.R.Act, the matter is seized in the court of Tehsildar, in Case No.1/12, under Section 122B.

The submission requires consideration.

Issue notice to the respondent no. 2 returnable within four weeks.

The opposite parties may file their replies within the aforesaid period.

Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.

In the meanwhile till the next date of listing, further proceedings of Case crime No. 125 of 2014, under Section 3 of Prevention of Damage to Public Property Act, 1984 and under Section 11 of Public Damage Act, 1975 i.e. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and under Section 447/448 I.P.C.,  Police Station Mau, District Chitrakoot, shall remain stayed.

This matter shall not be treated as tied up or part heard to this Bench.

Order Date :- 27.5.2015

Ashish Pd.