Court No. - 5
Case :- WRIT - C No. - 1048 of 2018 Petitioner :- Parmanand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.K. Maurya-I Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav Hon'ble Pankaj Naqvi,J.
Heard Shri A.K. Maurya-I, learned counsel for the petitioner, Shri Manoj Kumar Yadav, for the Gaon Sabha concerned and Shri Abhishek Shukla, the learned standing counsel.
This writ petition is preferred for quashing the order dated 17.2.2016 passed by Tehsildar (Judicial), Sakaldeeha, Chandauli in Case No.32917 of 2015 under section 122B of U.P.Z.A.&L.R. Act and order dated 10.10.2017 passed by Additional Collector (Judicial), Chandauli in Revision No.D2016141800114.
Shri Abhishek Shukla, the learned standing counsel has produced the entire original records and submits that in the order sheet, counsel for the petitioner in the court below appended his signatures on 1.1.2016 thus he shall be deemed to have notice of the date of survey/spot inspection on 1.1.2016 which was carried out on 7.2.2016 but the further contention on behalf of the petitioner is that in absence of signature of the petitioner on the memo or the survey report dated 7.2.2016 or any endorsement that despite presence of the petitioner he refused to append his signature would lead to an inference that survey/demarcation was carried out behind the back of the petitioner.
Learned counsel for the petitioner submits that ends of justice would be met if fresh survey/demarcation is carried out of the plot in dispute in presence of the petitioner.
Learned Standing Counsel has no objection.
This writ petition is disposed of with the direction to the competent authority concern to carry out fresh spot inspection and demarcation of the plot in question, in accordance with law, as expeditiously as possible preferably within two months and in the event the report is adverse to the petitioner, he shall be given an opportunity to prefer objections/evidence, if any.
The orders dated 17.2.2016 and 10.10.2017 shall abide the fresh order so passed by the competent authority concerned.
Order Date :- 27.2.2018 RS