DEVI PRASAD SINGH, J. - (1.) INSTANT writ petition is preferred to restrain respondents district authorities including the State of U.P. from dispossessing the petitioner from the land in question bearing Gata No.526/0.120 hectare and 529 Minjumla/0.317 hectare, situated at village Koriyani, Pargana Kukra, Tahsil Gola, Gokarannath district Lakhimpur Kheri. According to petitioner's counsel, the petitioner is recorded tenure holder of the plot in question.
(2.) THE State Government formulated a scheme namely, Kashi Ram Avas Yojana for construction of houses/flats for the persons belonging to below poverty line and for allotment to them houses so constructed in terms of scheme with the aim and object in terms of Kashi Ram Avas Yojana in short the "scheme". The construction in the vicinity of petitioner's plot was started by the district authorities. The petitioner objected for construction of flats over his plot and represented his cause to the S.D.M., Gola Gokarannath. The copy of the application submitted by the petitioner dated 16.12.2011 and 27.12.2011 have been filed as Annexure No.3 and 4 to the writ petition. While moving the application, the petitioner stated that he had purchased the land from one Ram Chandra and thereafter, his name has been recorded in the mutation proceeding by the Consolidation Court. While moving application, the petitioner has apprised the factual position to S.D.M., Gola, Kheri. It appears that as usual, the district authorities have not given heed to the petitioner's application and also not verified the facts with regard to petitioner's right and title with regard to land in question. Rather, the authorities proceeded with the construction of houses in terms of the scheme. Feeling aggrieved with the high handedness on the part of the district authorities, the petitioner preferred instant writ petition with submission that State or its authorities have no right to interfere with the petitioner's property/land in question without due acquisition in accordance with law and payment of compensation. By an interim order dated 4.1.2012, we have restrained the respondents from raising any construction over the land in dispute.
(3.) THE petitioner had filed supplementary affidavit dated 2.2.2012 and brought on record different orders passed by various authorities with regard to land in dispute and mutation of petitioner's name over it in accordance with Rules which has been not denied.;