KHAJAN SINGH Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2010-1-339
HIGH COURT OF ALLAHABAD
Decided on January 06,2010

KHAJAN SINGH Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

Arun Tandon, J. - (1.) Under the impugned orders passed in proceedings under Section 122-B (4) of the UPZA&LR Act, the petitioner has been directed to be evicted from plot no. 206 which is recorded as public utility land in the name of Gram Sabha. Counsel for the petitioner challenging the order submitted that he has not encroached upon any land of the Gram Sabha and his house stands on plot no. 277. Therefore, the impugned order passed under Section 122-B(4) directing eviction of the petitioner and for payment of compensation is totally uncalled for.
(2.) I am of the considered opinion that the statutory remedy available to the petitioner is to get his plot demarcated and if after demarcation, it is found that he has not encroached upon any land of the Gram Sabha, it will be open to him to make an application before the authority to withdraw the order imposing compensation.
(3.) Writ petition is dismissed. Petition Dismissed.;


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