Mohammad Hussain vs State Of U.P. And 3 Others
2015 Latest Caselaw 3415 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 59156 of 2015
 

 
Petitioner :- Mohammad Hussain
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Narsingh Pandey
 
Counsel for Respondent :- C.S.C.,D.D. Chauhan,Swapnil Srivastava
 

 
Hon'ble Abhinava Upadhya,J.

By means of this writ petition, the petitioner has challenged the order dated 11.09.2015 passed under Section 333 of U.P.Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act') on the  review application filed by the respondent no.4.

The claim of the petitioner is that since before commencement of the said Act, he is in possession over the property in question, which is recorded as Banjar and is not the land covered under Section 132 of the said Act. Upon the report of the Lekhpal, proceedings under Section 122-B of the Act were initiated and notices were served. Vide an order dated 13.12.1996, notices were discharged holding the petitioner to be in possession over the property in question for a very long period as well as the land being Banjar, it is submitted that the said order became final as the Gaon Sabha did not challenge the same but one Alauddin S/o Mohd. Wasi, private respondent no.4 after a lapse of more than 20 years challenged the order by filing a revision, which revision was also dismissed on 25.08.2015. The respondent no.4 then made a review application, which was allowed and the dispossession of the petitioner has been directed.

Learned counsel for the petitioner submits that the respondent no.4 had no right to challenge the order by which the notices under Section 122-B of the Act were discharged after a lapse of more than 20 years and the direction issued in the review application for eviction of the petitioner is unsustainable in law.

Matter requires consideration.

Learned Standing Counsel represents the respondents no. 1 and 2. Sri D.D.Chauhan, Advocate has accepted notice on behalf of the respondent no.3. Sri Swapnil Srivastava, Advocate has accepted notice on behalf of the respondent no.4.

The respondents may file counter affidavit within a month.

List this case after expiry of the aforesaid period.

Till the next date of listing, operation of the impugned order dated 11.09.2015 shall remain stayed.

Order Date :- 26.10.2015

Lbm/-