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Judgment
Sudhanshu Dhulia, J.
The case of the petitioners before this Court is that certain private respondents who were impleaded in this case in connivance with the Gram
Sabha Sarverkhera, Tehsil Kashipur, District Udham Singh Nagar are in occupation of land which is recorded in the revenue records as Talab/Pond.
Admittedly, the Talab/Pond is under the management and control of the Village Management Committee and it has to be used by the Committee for
the purpose of community and cannot be occupied or any kind of rights can be created over the Talab/Pond by an individual.
The difficulty with the petitioners is that they are not in a position to file a suit under Sections 122-B and 209 of the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950 as even at this stage the suit can only be filed by the Gram Sabha, Sarverkhera which is not doing so as it is
allegedly in connivance with the private respondents.
Under these circumstances, the writ petition stands disposed with a direction to the Collector/District Magistrate, Udham Singh Nagar to look into
this aspect and take appropriate measures in accordance with law.
It is absolutely made clear that in case it is Talab/Pond land, it cannot be occupied by an individual and in case it is so, the possession ought to be
taken by the Collector/District Magistrate, Udham Singh Nagar and thereafter it shall be handed over to the Village Management Committee.
However, learned State Counsel has apprised this Court that in this case proceedings under the Uttar Pradesh Consolidation of Holdings Act, 1953
have already taken place and certain orders have also been passed relating to the said land. The District Magistrate while looking into this matter shall
also consider these facts and the orders passed in the proceeding under the U.P. Consolidation of Holdings Act, 1953.