MANOJ KUMAR Vs. DISTRICT MAGISTRATE MIRZAPUR
LAWS(ALL)-2009-6-94
HIGH COURT OF ALLAHABAD
Decided on June 30,2009

MANOJ KUMAR Appellant
VERSUS
DISTRICT MAGISTRATE, MIRZAPUR Respondents

JUDGEMENT

S.U.Khan, J. - (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition is directed against order dated 9.12.1999, passed by the Lekhpal-Annexure-1 to the writ petition. In the said order it is mentioned that those persons who had occupied the agricultural land of other persons and whose names were entered in the revenue record under Shrenee column-9 since 1375 fasli, i.e., 1967-68 their names are scored off under order of D.M. dated 9.12.1999, passed on Tehsil diwas. It is also mentioned in the said order that such persons are 79 in number. According to para 2 of the writ petition petitioners are concerned with plot No. 2204 area 17 biswa and plot No. 3540 area 2 bigha 4 biswa situate in village Sikata Tehsil Lalganj, district Mirzapur. From the assertions made in para 6 of the writ petition it appears that respondents 3 to 7 Mukhu and others are entered in the main column of the khatauni. The order which has been passed by the D.M. on Tehsil diwas directing ejectment of persons continuing in possession for more than 30 years without issuing notice or hearing them is extremely shocking particularly when the land did not belong to State or Gaon Sabha. Such types of orders were not passed even by the Kings in good old days.
(3.) ACCORDINGLY, writ petition is allowed. Impugned order is set aside. Respondents 3 to 7 are at liberty to initiate such legal proceedings which may be available to them under law for eviction of petitioners. If such proceedings are initiated, all the pleas taken in defence by the petitioners including the plea of limitation shall be decided by a reasoned judgment/order.;


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