Allahabad High Court
Ramzaan Ali & Ors. vs State Of U.P. Thru Prin. Secy. ... on 1 August, 2019
Bench: Devendra Kumar Upadhyaya, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- MISC. BENCH No. - 20092 of 2019
Petitioner :- Ramzaan Ali & Ors.
Respondent :- State Of U.P. Thru Prin. Secy. Revenue Deptt. & Ors.
Counsel for Petitioner :- Sandeep Tewari,Rashmi Singh
Counsel for Respondent :- C.S.C.
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioners and learned State Counsel.
This petition makes a prayer for issuing a direction to the respondent nos.1 to 5 to take appropriate action on the petitioners' complaint and to restrain the Station House Officer, Police Station-Shivratanganj, District-Amethi from dispossessing the petitioners and not to create any hindrance in raising construction of house on their land.
Learned Standing Counsel has been given certain instructions sent to him by Tehsildar, Tiloi, district-Amethi which are contained in his letter dated 24.07.2019.
According to the said instructions contained in the said letter of the Tehsildar, dated 24.07.2019 gata no.1425 situate in Village- Pure Pandey, Mazra-Khekharuwa, Pargana-Semrauta, Tehsil-Tiloi, District-Amethi is a minjumila number and gata no.1425Ka or 1425/1 having an area of 0.087 hectare is recorded in the revenue record in the name of Hausila, s/o Shivbalak as bhumidhar with transferable rights, whereas gata no.1425Kha or 1425/2 having an area of 0.059 hectare has been allotted to four persons i.e. the petitioners for housing purposes by the Sub Divisional Officer, Tiloi on 30.06.2017.
Learned State Counsel, on the basis of the said instructions, has further stated that the area of 0.059 hectare of khasra plot no.1425Kha has been given to the petitioners and they have also been handed over the possession of the same in respect of their respective shares. The said instructions contained in the letter dated 24.07.2019 also contain Dakhalnama issued in favour of the petitioners on 13.05.2019.
We have also been informed that in respect of the land comprised in gata no.1425Ka, Hausila Prasad has instituted some suit in the court of Civil Judge, Raebareli where the petitioners have been impleaded as defendants. However, what we notice is that the said suit is in respect of gata no.1425Ka and not in respect of land comprised in gata no.1425Kha. We have also been informed that some proceedings by Hausila have been initiated in the court of Additional District Magistrate (Judicial) seeking cancellation of the housing leases granted in favour of the petitioners, but the fact remains that the said leases have yet not been cancelled and the same are intact, neither is there any interim order passed in the said proceedings.
In view of above, we dispose of this writ petition with the direction to all concerned including the tehsil authorities as also the police personnels of the police station concerned that unless the lease executed in favour of the petitioners in respect of housing site is either cancelled or stayed or any injunction order is granted in respect of the land comprised in gata no.1625 Kha, it shall be their duty to ensure that the petitioners are in possession of the said land granted to them under lease for housing purposes.
Order Date :- 1.8.2019
akhilesh/
[Alok Mathur, J.] [D. K. Upadhyaya, J.]
