Smt. Rajbiri vs State Of U.P. And 3 Others
2015 Latest Caselaw 4151 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 60825 of 2015
 

 
Petitioner :- Smt. Rajbiri
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Nipun Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition, the petitioner has challenged the orders dated 24.06.2011 passed in case no.2 of 2004-05 by respondent no.3 and 06.07.2015 passed in revision no. 112 of 2010-11 by the respondent no.2.

The petitioner claims herself to be a scheduled caste and had purchased the land in question from the respondent no.4, Chandramal @ Chandrapal on 14.05.2003. However, the said transfer has now been cancelled by applying the provisions of Sub-section 4 of Section 157 -AA  of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Against which a revision was filed and the said revision has been dismissed. According to learned counsel for the petitioner, the said land has now vested with the Nagar Nigam, Ghaziabad and therefore, the provisions of U.P. Zamindari Abolition and Land Reforms Act will not be applicable.

Matter requires consideration.

Learned Standing Counsel represents respondents no. 1, 2 and 3.

Issue notice to the respondent no.4, for which steps shall be taken within a week.

The respondents may file counter affidavit within one month.

Till the next date of listing, no coercive action shall be taken against the petitioner with regard to the Khata No. 642, Khasra No. 975 area 0.025 hectare and Khasra No. 1032/01 area 0.190 hectare, total area 0.215 hectare at villagte Duhari, Pargana Jalalabad, Tehsil and District Ghaziabad. It is further directed that the petitioner will also not create any third party interest.

Order Date :- 17.11.2015

Lbm/-