Court No. - 7
Case :- WRIT - C No. - 33811 of 2021 Petitioner :- Gama Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Samya Lal Pandey,Vidya Kant Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State.
Present writ petition has been filed by the petitioner inter alia for the following relief:
“1- Issue a writ, order or direction in the nature of mandamus direct the respondent no. 3 and 4 to correct the contradictory imposed penalty under the proceeding in section 67 of Revenue Code against the respondent No. 5 to 7 and recovered the same.”
The petitioner is aggrieved due to the imposition of less penalty amounting Rs. 52,900/- and execution fee Rs. 100/- in the order dated 15th February, 2021 passed by the Tehsildar, against the respondent nos. 5 to 7, in proceeding under Section 67 of U.P. Revenue Code, 2006.
It is submitted that less penalty amounting to Rs. 52,900/- as well as execution fee of Rs. 100/- has been imposed against the respondent nos. 5 to 7, vide order dated 15th February, 2021 (Annexure No. 4) passed by the Assistant Collector/Tehsildar (respondent no. 4) in a proceeding under Section 67 of the U.P. Revenue Code, 2006. According to the petitioner, tehsildar has illegally imposed less penalty without properly assessing the value of the land in question, whereas the same should be imposed on the basis of the circle rate of Plot No. 567 area 0.046 hectare, which had illegally been encroached by the contesting respondents.
On being asked as to under which provision the penalty could be imposed on the basis of the circle rate, counsel for the petitioner could not properly replied the query and failed to demonstrate any legal provision of law.
The present petition, filed by an stranger, who was not a party in the proceeding under Section 67 of the U.P. Revenue Code, 2006, is an abuse of process of law. I do not find any force in the submissions made by the counsel for the petitioner in assailing the order dated 15th February, 2021 passed by the tehsildar.
The writ petition, being devoid of merit, is dismissed with no order as to cost.
Order Date :- 20.12.2021 Pkb/