Court No. - 39
Case :- WRIT - C No. - 28395 of 2007 Petitioner :- Kali Charan Respondent :- State Of U.P. And Others Counsel for Petitioner :- K.M. Tripathi,Ashok Kumar Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri K.M. Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking a direction to the respondents not to interfere in his peaceful possession over Gata no. 365 m over which he is stated to have constructed a house.
The case of the petitioner is that he is in possession over Gata no. 365 over which he also constructed a house. It is further stated that a notice was issued to him earlier and the matter was contested and thereafter, it was found that a report which was submitted stating that he was in illegal possession of land was found to be incorrect and therefore, the notice was withdrawn by order dated 25.2.2000, Annexure-1 to the writ petition.
A counter affidavit has been filed by the respondents and it is stated that plot no. 365 measuring 0.085 hectares is recorded as Khaliyan i.e. for public purposes. Copy of the khatauni no. 1415-1420 has also been filed as Annexure-1 to the counter affidavit showing the plot no. 365 area 0.085 as Khaliyan. It is also stated that the petitioner has made illegal construction of a house and occupied a portion of the plot no. 365 measuring 0.010 hectares. In this regard a notice was sought to be served upon him which he refused to accept as per the endorsement in presence of witnesses dated 18.08.2007 and therefore, a report in this regard as also been submitted by the Lekhpal on 20.6.2007, Annexure-2 to the counter affidavit.
From a perusal of the documents on record we find that a notice has already been issued to the petitioner on 20.6.2007, Annexure-2 to the counter affidavit and though the petitioner states that he has not received any notice at least after the filing of the counter affidavit in 2007 he has knowledge of this notice.
For reasons aforesaid, we dismiss this writ petition with liberty to the petitioner to file his objection, if any, to the notice dated 20.6.2007.
Interim order, if any, stands vacated.
Order Date :- 28.11.2018 Kirti