SURESH CHANDRA AND ANOTHER Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2018-4-436
HIGH COURT OF ALLAHABAD
Decided on April 02,2018

Suresh Chandra And Another Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

Mahesh Chandra Tripathi, J. - (1.) Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and Shri Ashish Kumar Srivastava, Advocate appears for the fifth respondent.
(2.) Petitioners are before this Court with the request to command the respondents to restore the possession of the petitioners over the land in Khata no.451 area 0.680 hectare, which is recorded as Banjar in revenue record, situated at Mauja-Nagla Ghoore, Block Bijauli, Tehsil Mant, District Mathura forthwith. Further prayer has been made to direct the District Magistrate, Mathura to take decision upon the application of the petitioners dated 14.12.2017 within stipulated period.
(3.) Record in question reflects that initially the proceedings under Section 115-C of the U.P.Z.A. & L.R. Act has been initiated against the petitioners and the fourth respondent vide order dated 31.03.2004 has finalized the same in favour of the petitioners in terms U.P. Zamindari Abolition and Land Reforms (Amendment) Ordinance 2002, which provides that eviction proceedings cannot be initiated against the Scheduled Caste/Scheduled Tribes, who were in possession since 01.05.2002 and consequently, the proceedings against the petitioners have been dropped and notice under Section 49 Ka was discharged. Record in question further reflects that subsequently, the respondent had tried to uproot the petitioners from the aforesaid banzar land and being aggrieved with the same, the petitioners had filed proceedings under Section 122-B (4F) of the U.P.Z.A.&L.R. Act and the same was registered as Case no.7/16-17.;


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