Court No. - 6
Case :- WRIT - C No. - 36511 of 2019 Petitioner :- Dilevar Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Divakar Rai Sharma Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing counsel for the State-respondents.
The petition arises out of proceedings under Section 67 of the U.P. Land Revenue Code, 2006, wherein, the petitioner has been ordered to be evicted from plot no.1055 area 0.611 hectare by the order of the Tehsildar.
Aggrieved by the order, the petitioner filed a recall application alleging that the order had been passed exparte. The restoration application was rejected.
Aggrieved, the petitioner preferred an appeal, which has been allowed in part. The orders passed by the Courts below have been set aside and it has been directed that the matter be re- heard only on the question of quantum of damages to be imposed upon the petitioner.
The contention of counsel for the petitioner is that the date of appearance in the notice issued to the petitioner was 18.12.2017 for filing objection. The matter was on that date adjourned to 29.12.2017. However, the matter is decided on 19.12.2017, itself, which was not fixed in the matter and the recall application was therefore, wrongly rejected.
It is next contended that the appellate authority has allowed the appeal only in part on the reasoning that the petitioner has not denied his possession over the land in question. This, it is contended is incorrect. First, petitioner was never granted adequate opportunity to file objection and in any case, in ground no.3 of the memo of revision, a categorical plea had been taken is that the petitioner is not in possession over the disputed land.
Upon hearing learned counsel for the parties, this Court finds that since the matter had already been remanded back, the Tehsildar in pursuance of the order of remand shall also consider the case of the petitioner on the merits of his claim.
For this purpose, in case, petitioner files an application within a period of 10 days from today, Tehsildar along with the certified copy of this order as also his objection to the notice under Section 67 of the U.P. Revenue Code, 2006 and also all such evidence that the petitioner chooses to rely upon on the objection and certified copy of this order filed within the time specified above, the Tehsildar concerned may hear and decide the matter within a period of three months, thereafter.
Accordingly, the writ petition stands, allowed and the order of remand passed by the Upper Collector, City, District Aligarh, stands modified, to the extent noted above.
For this purpose, petitioner shall, within ten days from today, file his objection to the notice under Section 67 of the U.P.Land Revenue Code, 2006, annexting with it all evidence he wishes to rely upon, as also a certified copy of this order.
In case, the above is filed within the time specified, the Tehsildar concerned, respondent no.3shall after hearing all concerned, decide the case under Section 67 of the U.P. Revenue Code, 2006 on its merits, within a period of three months, thereafter.
Order Date :- 29.11.2019 RKM