AI Structured Summary
Not yet generated for this judgment
Judgment
Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel as well as learned counsel for the Gaon Sabha.
Admit.
Learned Standing Counsel as well as learned counsel for the Gaon Sabha pray for and are granted 3 weeks'' time to file counteraffidavit. Rejoinderaffidavit may be filed within a week thereafter. List thereafter.
The land was allotted to the petitioner under the provisions of Section 198 to the extent 0.659 hectares. The petitioner prior to that had a recorded holding of 0.809 hectare. The total of the same comes to 1.468 Hectares, which is in excess of the statutory limit of 1.26 hectares.
The land is situated in district Lalitpur which is in the area of Bundelkhand as defined under Section 337 of the U.P. Zamindari Abolition & Land Reforms Act, 1950. Learned counsel submits that it is one and a half times of the actual area that has to be computed for the purposes of calculation. This, accordingly, raises the statutory limit of 1.26 hectares to 1.894 hectares. Prima facie, the contention of the petitioner appears to be correct, as the calculation resorted to by the authorities ignores the said aspect and is, therefore, erroneous. He is entitled for grant of an interim relief.
Until further orders of the Court, the operation of the impugned orders dated 30.11.2009 and 20.4.2011 shall remain stayed and the respondents are further restrained from interfering with the possession of the petitioner over the land in dispute in any manner whatsoever during the pendency of the writ petition.