BRIJ MOHAN MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri R.K. Ojha, learned counsel appearing for the petitioner. Learned Standing Counsel appears for the State respondents. Shri Navin Sinha, Sr. Advocate assisted by Shri P.C. Pathak appears for respondent no.5.

(2.) On a complaint made by Shri Prem Shanker Mishra, the cousin brother of the petitioners, proceedings were initiated against the petitioner for having illegally encroached on the village pond situate in Plot No.611/0-348 hects. in Village Dhania Mau. The Sub Divisional Magistrate directed the complaint to be enquired. After taking measurements and receiving the report an order was passed by the Sub Divisional Magistrate, Badlapur, Jaunpur on 18th January, 2013 directing encroachments made by the petitioner, on the land recorded as pond to be removed giving rise to this writ petition.

(3.) Learned counsel appearing for the petitioner submits that the proceedings have been taken exparte against the petitioner. No notice was given, nor any action was initiated under Section 122B of the UPZA & LR Act, which prescribes a procedure for eviction from the Gaon Sabha land including pond. The orders passed for demolition and eviction will cause serious civil consequences. It is also stated that the orders have been passed in violation of the principles of natural justice.