Court No. - 37
Case :- WRIT - C No. - 318 of 2019 Petitioner :- Godhi Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Pathak Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Siddhartha Varma,J.
The petitioner was put to notice under section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as the 'Code') saying that he was in illegal occupation over plot no.636 area 0.0198 hectare situated in village Galibpur, Pargana & Tehsil Debai, District Bulandshahar. The petitioner had taken a specific case that the petitioner's father was given a patta in the year 1965. However, only relying upon the Lekhpal's report, the Tehsildar passed an order dated 9.10.2017 saying that the petitioner was in illegal possession over the land in question. Against this order the petitioner filed an Appeal with a specific ground that there was a patta of the year 1965 yet the Appeal was dismissed on 29.11.2018.
The contention of the petitioner is that when he had taken a specific ground that there was a patta in favour of his father and that he was in possession since 1965, then a specific finding should have been arrived at on both the issues. A further contention of the learned counsel for the petitioner is that if the petitioner was unable to produce the patta, then it was open for the Tehsildar to get the records from the Land Management Committee summoned and should have thereafter given a definite finding as to whether the patta was in existence. Further, when the petitioner stated that he was in possession since 1965, then the report of the Lekhpal would not have sufficed and the Tehsildar should have looked into the revenue records and should have given the petitioner advantage of being in possession from such a long time.
Having heard learned counsel for the parties, I am of the view that in the absence of findings on these two issues, the order dated 9.10.2017 passed by the Assistant Collector Ist Class/Tehsildar, Tehsil Debai, District Bulandshahar and the order dated 29.11.2018 passed by the District Magistrate, District Bulandshahar cannot be sustained. They are, accordingly, quashed. The matter is remitted to the Tehsildar for a fresh decision to be taken afresh under section 67 of the Code within a period of 90 days.
The writ petition is, accordingly, allowed.
Order Date :- 24.1.2019 GS (Siddhartha Varma, J.)