Court No. - 2
Case :- WRIT - C No. - 16446 of 2021 Petitioner :- Kalp Nath Respondent :- State Of U.P Through Its Revenue Secretary U.P At Lucknow Counsel for Petitioner :- Sachida Nand Tripathi
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Sudhir Bhartiya, learned counsel for the Gaon Sabha.
By the instant petition, petitioner is assailing the notice dated 17.02.2021 issued in proceedings under section 67(2) and 67(5) of the U.P. Revenue Code, 2006.
Learned counsel for the petitioner submits that the proceedings has been initiated pursuant to petition instituted in nature of Public Interest Litigation being PIL No. 203 of 2021. The dispute pertains to plot no. 1631 admeasuring 54 decimal (old no. 1225). It is submitted that petitioner had earlier filed a suit for permanent injunction against the Gaon Sabha being Suit No. 848 of 1974 (Shiv Jatan and others Versus Tilak and others). The suit was decreed against the Gaon Sabha on 24.08.1987.
It is urged by learned counsel for the petitioner that against the decree no appeal was preferred by any of the aggrieved parties, including, Gaon Sabha, accordingly, it is submitted that the decree has attained finality. In this back drop, it is urged that initiation of proceedings under section 67 of the Act for eviction and demolition of the structure standing on the said plot is illegal and in teeth of the decree.
Be that as it may, this Court, at this stage, is not inclined to interfere with the petition as the petition has been filed against a notice.
Accordingly, the writ petition is disposed of as withdrawn with liberty to the petitioner to press his objection pending before the third respondent. It is clarified that the structure standing on the disputed site shall not be demolished and encumbered during the pendency of the proceedings.
Order Date :- 27.7.2021 K.K. Maurya Digitally signed by Justice Suneet Kumar Date: 2021.07.28 15:24:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad