Court No. - 9
Case :- WRIT - C No. - 31371 of 2019 Petitioner :- Munna Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Datta Tiwari Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Tariq Maqbool Khan for the Gaon Sabha, respondent no.4 as also learned Standing Counsel for the State-respondents.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006 drawn against the petitioner for his eviction from plot no.929M area 0.016 hectare, which according to the notice is a chak road.
It appears that before the Tehsildar, the petitioner appeared through counsel and filed his objection but no evidence was filed by the petitioner in support of his contention. Accordingly, on 21.12.2017, the Tehsildar ordered eviction of the petitioner.
Against this order, the petitioner filed an appeal under Section 67(5) of the U.P. Revenue Code, 2006, which has been dismissed on 05.07.2019.
The appellate Court has categorically observed that counsel for the petitioner failed to appear at the time of hearing of the case. The matter was therefore, adjourned granting liberty to the appellant to file his written argument. Even the written argument has not been filed. Thereafter, by order dated 05.07.2019, the appeal has been dismissed as without merit.
The contention of counsel for the petitioner is that plot no.929 is a big plot and that the abadi of the entire village is situated in the plot. Therefore, there was no encroachment by the petitioner upon the chak road, which exists on the spot and is being used as such.
It has also been contended that the proceedings for correction of the revenue entry in accordance with para 155A of the Land Record Manual has been instituted by the petitioner and is pending consideration.
In this context, it would be relevant to note that the petitioner has filed this writ petition relying upon a CH Form 2A.
On a pointed query by the Court, he admits that consolidation operations are pending in the unit.
During the pendency of the consolidation operations, no proceedings for correction in the revenue records can continue, therefore, the plea that proceedings under para 155A of the Land Record Manual is pending consideration, is without substance.
In so far as, the contention is that the plot in dispute is a big plot that the petitioner has encroached upon the chak road in issue, it would be relevant to note that no evidence was adduced by the petitioner at any stage in the proceedings before the Court below.
The evidence that is sought to be relied in the writ petition was never produced before the Court. The document related upon, at best shows that plot no.929 is a big plot. Part thereof is abadi while a portion is a chak road. This by itself, is neither here nor there. On its basis, it cannot be construed that the petitioner has not encroached upon the chak road.
Under the circumstances, petitioner has not been able to point out any illegality in the impugned orders, that would warrant interference. The evidence relied upon does not establish the case set up by him.
Accordingly, the writ petition is found to be without merit and is dismissed.
Order Date :- 26.9.2019 RKM