- (1.) Heard Shri P.N. Saxena, learned Senior Counsel assisted by Shri Amit Saxena and Shri A.K. Srivastava for the petitioner, learned Standing Counsel for State respondents and Shri R.S. Mishra for respondent no.3.
(2.) Dispute relates to plot no. 553, which was allotted in favour of the father of the petitioner for construction of an abadi (residential house) vide resolution of the then Gram Panchayat dated 09.12.1960. Subsequently, the land in dispute came within the jurisdiction of respondent no. 5, Nagar Panchayat, Shivrajpur, Kanpur Nagar. An application dated 07.01.2008 was moved by respondent no. 3 before Sub Divisional Officer, Bilhaur, Kanpur Nagar alleging that the petitioner was in possession over the land in dispute on the basis of a forged and fabricated lease, as such, an enquiry may be made and he may be evicted from the said plot and an FIR under Sections 420, 467 and 468 I.P.C. may be registered against the petitioner and his brother. Respondent no. 2, vide order dated 08.01.2008, while calling for a report from the Tehsildar, Bilhaur, Kanpur Nagar, directed to maintain status quo on the land till 11.08.2008. A direction was also issued that no further constructions shall be made on the said land. Tehsildar called for a report from the office of the Nagar Panchayat. The Executive Officer of the Nagar Panchayat, Shivrajpur submitted a report dated 01.02.2008 stating that a lease for construction of a dwelling house was granted in favour of Shri Onkar Singh, father of the petitioner by the then Gaon Sabha. It was also certified in the said report that a sum of Rs.15/- as 'nazrana' (fees) was also deposited by him vide receipt no. 25245/4 dated 09.12.1960. A report dated 02.08.2008 was also submitted by Naib Tehsildar to the effect that the plot in dispute was allotted to the father of the present petitioner and the ejectment can only be made after undertaking proceeding for cancellation of patta in accordance with law.
(3.) In the meantime, the petitioner challenged the order dated 08.01.2008 passed by Sub Divisional Officer, Pargana & Tehsil Bilhaur, District Kanpur Nagar by filing Writ Petition No. 282 of 2008. Vide order dated 26.03.2008, this Court while issuing notices to respondent no. 3 and calling for a counter affidavit, stayed the effect and operation of the said order as well as further proceeding in respect of complaint dated 07.01.2008 pending before the said authority. In the meantime, respondent no. 3 also filed Suit No. 343 of 2005 before the Civil Judge, Senior Division, Kanpur Nagar seeking relief of injunction and possession over the land in dispute against the petitioner claiming himself to be the owner. He also filed an application for temporary injunction. Civil Judge, Senior Division vide order dated 15.12.2006 rejected the temporary injunction. Against the said order, an appeal was preferred by respondent no. 3, which was also dismissed vide detail order dated 04.01.2008. It further appears from the pleading that some application was again moved by respondent no. 3 before respondent no. 2, on which he submitted a report dated 24th March, 2008 to the Collector, Kanpur Nagar. Respondent no. 1 passed an order on the margin of the said application that the lease appears to be forged and fabricated, hence, there is no requirement of any inquiry into the matter, as such, the petitioner may be evicted from the land in dispute and the possession be handed over to the Gram Panchayat.;