LAWS(ALL)-2019-8-256

BHANU PRATAP SINGH Vs. STATE OF U.P.

Decided On August 07, 2019
BHANU PRATAP SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri J.P.S. Chauhan, learned counsel for the petitioner and learned Standing Counsel for respondent nos. 1 and 2.

(2.) By means of present petition, petitioner is challenging the proceedings in Case No. 05 of 2007, Gaon Sabha vs. Bhanu Pratap Singh, under Section 122-B of U.P.Z.A. and L.R. Act pending in the court of respondent no. 2.

(3.) According to petitioner, he is owner in possession of land measuring 325 square meters situated at Village- Maujjampur Jaitra, Tehsil- Dhampur, District- Bijnor. The original owner of the Abadi land in dispute was one Takchand. On 03.12.1981, one Ramesh Singh purchased the said land from its previous owner. Thereafter, on 13.10.1997, through registered sale deed, the said land was purchased by petitioner, copy of sale deed is appended as Annexure No.-1 to the writ petition. It appears that on the report of Revenue Inspector under Rule 115-C of the U.P.Z.A. and L.R. Rules (hereinafter called as 'Rules'), the respondent no. 2 registered a case, as Case No. 5 of 2007 under Section 122-B of the Act. Thereafter, notice in Z.A. Form 49-A under Rule 115-D was sent to the petitioner. A reply was submitted before the respondent no. 2 rebutting the case as set up by the Gaon Sabha. It was after considering reply of the petitioner that proceedings were dropped and the notice was withdrawn vide order dated 09.12.2013 and the Revenue Inspector was directed to enquire the matter and if necessary submit a report, further the file was consigned to record.