Court No. - 6
Case :- WRIT - C No. - 41956 of 2019 Petitioner :- Mahanth Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
Petitioner is aggrieved by the pendency of his application under Section 67 A of U.P. Revenue Code, 2006. This application had been filed on 21.02.2019.
It is contended that a report was called for on the application aforesaid but the same has not been furnished till date.
Upon hearing counsel for the petitioner and upon perusal of the record, this writ petition is disposed of, observing as below:-
The benefit of Section 67 A is liable to be granted to a person who has constructed a house prior to 29th November, 2012 over land governed by Section 63 of the code itself which means a land reserved or earmarked for abadi site.
In my considered opinion, the S.D.M., Padrauna, District Kushinagar unnecessarily called for report by the subordinate revenue staff. The benefit of Section 67 A can and must only be granted on the evidence to be adduced by the person claiming the benefit. It cannot be granted on mere reports by subordinate consolidation staff because they are not competent to report about the age of the construction. Such benefit should necessarily be granted only on the basis of material and cogent evidence regarding age of the construction itself which necessarily has to be furnished by the person claiming benefit and on no other evidence, including any report that may be submitted by the revenue staff as the same is almost always partisan and or procured.
Accordingly, the S.D.M. shall keep it in mind the aforesaid observation and decide the application of the petitioner expeditiously preferably within a period of three months in case petitioner alongwith certified copy of this order adduces all cogent evidence which he wishes to rely upon for showing that he is entitled to the benefit under Section 67-A of the Code.
Subject to above, this writ petition stands disposed of.
Order Date :- 18.12.2019 AKT