Hon'ble Ajai Kumar Srivastava-I,J.
As per the Katauni pertaining to the Fasli Year 1425-1430, the extract of which has been annexed as Annexure No.1 to the writ petition, the petitioner-Hetram is recorded as Bhumidhar with transferable right (category 1ka) in respect of Khasra Plot No. 1942 Ga, situate in Village Samodha, Tehsil Sandila, District Hardoi.
Though, this petition has been filed by the petitioner seeking direction to the Collector, Hardoi for expeditious disposal of the prayer said to have been made for according permission as required under Section 154-A of U.P. Z.A.& L.R. Act to sell his land for the reason that he belongs to Scheduled Caste category, however, when we examine the entire matter, what we find is that it is the case of the petitioner that the said land comprised in Khasra Plot No. 1942Ga, having an area of 0.230 hectare in all probability lies within the industrial area which is said to have been developed by the U.P. State Industrial Development Authority. It further appears that though the development of the said land by the Authority have been done but the same has neither been acquired adopting due process of law for compulsory acquisition nor does it appear that the said land has been purchased by the Authority from the petitioner. The reason which appears and is decipherable for the same is that in absence of permission of the Collector as required under Section 154-A of U.P. Z.A.& L.R. Act , the land of the petitioner was not purchased by the Authority, though the land lying in the vicinity has been developed by the Authority and development has taken place not only over the land which was purchased by it but also on the land belonging to the petitioner.
The aforesaid fact is being denied by the learned counsel appearing for the respondent-Authority on the basis of the instructions received by him.
On record is a legal notice sent by the learned counsel for the petitioner which has been annexed as Annexure No.5 to the writ petition wherein the aforementioned facts have been clearly stated, however, in reply dated 27.07.2020 to the said notice, the Senior Manager (Civil) of the Authority has not denied the facts mentioned in the said legal notice, though the same has neither been admitted. The reply appears to be evasive.
The facts of the case thus call upon an enquiry/probe into the matter and accordingly we direct that an enquiry/probe shall be conducted by the Collector, Hardoi through a team of its subordinate officers to be headed by none other than an officer of the rank of Additional District Magistrate.
Thus, District Magistrate/Collector, Haroi shall cause an enquiry to be conducted to ascertain as to whether the land comprised in Khasra Plot No. 1942Ga belonging to the petitioner is in use and occupation and possession of the Authority or not and if it is found to be in possession of the Authority, the enqury shall also ascertain since when the land has been in possession of the Authority. The enquiry to be caused by the Collector under this order shall be conducted under his direct supervision on the basis of relevant revenue records and situation on the spot as well.
We direct that on the next date of listing, the said enquiry report under the signatures of the Collector himself shall be furnished to this Court. The Collector, Hardoi shall also nominate an officer of the rank of Tehsildar to be present before this Court on the next date along with relevant records for assistance of the Court.
Learned State Counsel is directed to communicate this order to the Collector, Hardoi forthwith.
List this case on 27.10.2021.
Order Date :- 29.9.2021 Sanjay