(Oral)
1. Heard learned Counsel for the petitioner and learned Additional Chief Standing Counsel.
2. This petition has been filed by the petitioner challenging the order dated 28.05.2018 passed by the Collector, Sultanpur in Revision No.D201804680000235 and the order dated 03.11.2017 passed by the Tehsildar Kadipur, District- Sultanpur in Case No.218 under Section 122B of U.P. Z.A. & L.R. Act as well as ex parte order dated 02.05.2012.
3. It has been submitted by learned Counsel for the petitioner that initially the proceedings under Section 122-B of U.P. Z.A. & L.R. Act were drawn up on the basis of a report of Lekhpal/ Revenue Inspector made with respect to plot no.122 Gha min ad-measuring 0.013 hectare situated at Village- Mehrupur, Pargana- Aldemau, Tehsil- Kadipur, District- Sultanpur. Notices were allegedly issued to the petitioner on 17.01.2008 to appear and show cause. The petitioner could not appear and on 27.03.2008, the court of Assistant Collector passed an order directing him to remove his encroachment from the Gaon Sabha land and to pay penalty for wrongful occupation. The petitioner thereafter filed a restoration application on 10.04.2008 which was allowed on 19.06.2008. However, during the course of hearing on one occasion, the petitioner could not appear and the case was dismissed for want of prosecution on 02.05.2012. The petitioner again moved an application for restoration on the same day, which was kept pending and on 03.11.2017 the petitioner could not appear for some reason and the application for restoration was also rejected on 03.11.2017. The petitioner filed a revision against the said oder, which has now been rejected on 28.05.2018 by the Collector, Sultanpur, taking into account the fact that the original order dated 27.03.2008 has not been given effect to because of repeated restoration applications filed by the petitioner.
4. It has also been submitted by learned counsel for the petitioner that petitioner has not been able to show his evidence at any stage. He prays that he may be given one last opportunity to show evidence that he is not the tress passer of the Gaon Sabha land and he has been duly allotted the patta to construct the house thereon after the approval of the Land Management Committee by the Sub-Divisional Magistrate on 17.03.1993. It has been submitted that petitioner was given possession of the land in question thereafter and a copy of the possession letter dated 21.03.1993 has also been filed in this writ petition.
5. Taking into account the submissions made at the bar, the order dated 28.05.2018 passed by the Collector and the order dated 03.11.2017 passed by the Tehsildar/ Assistant Collector, are set aside and the matter is remanded to the Tehsildar/ Assistant Collector Ist Class, Tehsil- Kadipur, District- Sultanpur to give one last opportunity to the petitioner to produce all evidence with regard to his not being a tress passer on Gaon Sabha land. This Court deems it appropriate to fix a date for petitioner's appearance before the Assistant Collector.
6. The petitioner shall appear with all documentary evidence that he possess in favour before the Assistant Collector on 17.12.2019. Even if the lawyers are on strike in the revenue courts on the said date, the respondent no.3 shall hear the petitioner in person and take into account the written arguments submitted by the counsel for the petitioner and counsel for the Gram Panchayat/ Land Management Committee, Mehrupur, Pargana- Aldemau, Tehsil- Kadipur, District- Sultanpur and pass appropriate orders in accordance with law.
7. In case, the petitioner fails to appear on 17.12.2019 before the respondent no.3 for any reason whatsoever, his restoration application shall be summarily dismissed by the Tehsildar taking into account the submissions made by the counsel for the Gaon Sabha and the report submitted by the Lekhpal/ Revenue Inspector earlier in the matter.
8. With the aforesaid observations, the writ petition is disposed of.
Order Date :- 26.11.2019 Rahul