Court No. - 9
Case :- WRIT - C No. - 23533 of 2019 Petitioner :- Narendra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravindra Pal Singh Kashyap Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Mahesh Narain Singh for the Land Management Committee 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, whereunder, the petitioner has been ordered to be evicted from plot no.317 area 170 sq. meter, which is recorded as a pond.
A finding has been returned that the petitioner has filled up the area aforesaid of the pond and has installed a submersible pump thereon. Accordingly, he has been ordered to be evicted and damages to the tune of Rs.50,2400/- have been imposed upon him.
It is stated that the petitioner is not in possession of any area of the pond and therefore, the order impugned is vitiated.
In case, the petitioner is not in possession of the pond as alleged, he cannot be aggrieved by the order of his eviction, therefrom.
Under the circumstances, the impugned orders in so far as, they order eviction of the petitioner are affirmed. This petition is being entertained only on the question of quantum of damages imposed.
Under the circumstances, in case, the petitioner deposits a sum of Rs.50,000/- within a period of three weeks from today, operation of the impugned order shall remain stayed.
Counsel appearing for the State-respondents as also the Land Management Committee may file a counter affidavit within three weeks.
Counsel for the petitioner will have a week thereafter to file rejoinder affidavit.
List this petition for admission/ final disposal immediately on the expiry of the aforesaid period.
It is clarified that in case, a sum of Rs.50,000/- as directed is not deposited within the time specified above, it shall be open for the respondents to recover the entire damages imposed upon the petitioner without further reference to this Court.
Order Date :- 25.7.2019 RKM