Court No. - 32
Case :- CIVIL MISC REVIEW APPLICATION No. - 311 of 2021 Applicant :- Jay Sant Gurudev Janta Inter College Opposite Party :- Additional Collector (Revenue) And 2 Others Counsel for Applicant :- Pradeep Kumar Rai Counsel for Opposite Party :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri P.K. Rai, learned counsel for the petitioner and learned Standing Counsel for the State on review application.
It is contended that the order for eviction has been passed without any demarcation of Plot No. 44 having been done, and no finding having been arrived, the order of eviction is not maintainable. Further, ground has been taken that applicant is ready to settle the entire area of Plot No. 44 with Gaon Sabha. In ground no. 6, it has been stated that in reply to notice under Rule 66, the word 'nahi' could not be transcribed and as such it should not be treated that plot in question is within the boundary wall of the Institution. Lastly, Sri Rai submitted that notice for unauthorised use over the land was for a period of two years and damages amounting to Rs.65,000/- has been imposed which is in excess. Apart from this, no other ground has been canvassed.
I have heard learned counsel for the parties on review application and perused the material on record.
The ground raised by petitioner through this review application has already been considered in the order dated 31.08.2021 and therefore needs no further clarification. Once in objection petitioner himself has admitted that Plot No. 44 is within the boundaries of Institution, no question arises for reading the said fact otherwise. Further, if the petitioner had any grievance in regard to demarcation, he would have initiated proceedings but no such proceeding was initiated by him, and thus he cannot at this stage raise such a plea once the factum of the plot being encroached and within the four corners of the boundary of the Institution has been accepted, no question of direction for demarcation arises.
Moreover, as far as quantum of damages is concerned, the revenue authorities had imposed the same in accordance with law considering the area which was under illegal occupation of the Institution, for which no interference is required. This Court finds that no ground for review exists.
Application being devoid of merits is hereby dismissed.
Order Date :- 26.10.2021 V.S.Singh