Prayagraj, Mar 28 (PTI) The Allahabad High Court has stayed the notice issued by the Sambhal administration on January 1 in which a petitioner was directed to show-cause regarding his possession of a piece of land in dispute within 15 days.
The court has also asked petitioner Ali Ashraf to file evidence in support of his case and thereafter, further action will be taken in accordance with the law.
However, according to Ashraf, this land has been registered as “kabristan” (graveyard) in the revenue record and is attached with the Shahi Jama Masjid of Sambhal. Besides, the petitioner claimed that he has been in possession of the land for a long time and his residential house has existed there.
Hearing a writ petition filed by Ashraf, Justice Manish Kumar Nigam, in his order dated March 25, also directed both sides to maintain the status quo in the meantime. The court directed the state government to file a reply in the matter and listed this case on May 6 for the next hearing.
During the court proceedings, the counsel for the petitioner took the plea that petitioner Ashraf is in possession of the land in dispute and there exists his residential house. The land in dispute has been used as Abadi for more than 200 years and several transactions have taken place during this period between the inhabitants of the property in dispute.
He submitted that the petitioner is in settled possession of the land in dispute and, therefore, he cannot be evicted except in accordance with law, especially by merely issuing a notice on the administrative side.
On the other hand, the state counsel submitted that the petitioner has only challenged a notice and that the writ petition is not maintainable against the notice.
In the notice itself, it has been provided that the petitioner may file his objections and evidence in support of his case.
It was also submitted by the Uttar Pradesh counsel that the state, in its administrative power, can evict unauthorised occupants from the public utility land. PTI COR RAJ KSS KSS
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