Court No. - 18
Case :- WRIT - C No. - 19791 of 2018 Petitioner :- Gulab Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ghan Shyam Maurya,Rajesh Kumar Patel Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Rajesh Kumar Patel, learned counsel for the petitioner, Sri Sanjay Kumar Singh, learned Standing Counsel for the State Respondent.
Petitioner is assailing the impugned notice dated 6.5.2018 passed by Sub Divisional Magistrate, Tehsil-Handia, District Allahabad under Section 67 of the U.P. Revenue Code, 2006.
Learned counsel for the petitioner in support of his submission states that at no point of time the procedure has been adheared even the opportunity has not been extended to the petitioner to file any objection whereas in para 7 of the writ petition categorical averment is being mentioned that at no point of time the petitioner had encroached upon Gata No. 113 (cha) which is recorded as a pond. Even the notice has been issued without actual demarcation and verifying the record and, as such, the same is unsustainable.
Confronting with this situation, Sri Sanjay Kumar Singh, learned Standing Counsel states that present notice may be treated as notice under Section 136 of U.P. Revenue Code, 2006 and in case any such objection is filed by the petitioner within 10 days from today, definitely the authority would consider the said objection strictly in accordance with law and only thereafter proceed against the petitioner.
Section 136 (2) of U.P. Revenue Code, 2006 clearly proceeds to observe that no person shall be evicted from any land under this Section unless adequate opportunity has been afforded.
In the facts and circumstances without adverting on the merits of the case, with the consent of the parties, the writ petition stands disposed of finally asking the petitioner to file detail objection within ten days from today and in case any such objection is being filed before the Sub Divisional Magistrate against the impugned notice, this Court hopes and trust that the authority would proceed strictly in accordance with law within two months.
Till the disposal of the said proceeding, no coercive action shall be taken against the petitioner.
Order Date :- 29.5.2018/Manish Tripathi