Court No. - 6
Case :- WRIT - C No. - 38762 of 2019 Petitioner :- Ajmal Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anwar Khan,Dhananjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State-respondents.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006 drawn against the petitioner for his eviction from plot no.97M recorded as banjar, which eviction was ordered by the Tehsildar.
The consequential appeal filed by the petitioner has been dismissed by the Collector.
The only submission of counsel for the petitioner is that it has wrongly been shown that illegal occupation was for a period of 2 years alone. In fact, the illegal occupation is much longer in time.
The submission that has been made by counsel for the petitioner is totally against his own interest. The damages to be imposed upon unauthorized occupants are to be computed in accordance with the period of unauthorized occupation. Damages to the tune of Rs.23,000/- and odd has been imposed upon the petitioner treating his unauthorized occupation to be only for two years. In case, the contention of counsel for the petitioner is accepted, the damages to be awarded to be much higher.
However, the submission made in my considered opinion, cannot be said to vitiate the impugned order in any manner, in so far as the eviction of the petitioner is concerned, Accordingly, this Court do not find it a fit case for interference. The writ petition is found to be without merit and is dismissed.
Order Date :- 28.11.2019 RKM