Court No. - 18
Case :- WRIT - C No. - 19626 of 2018 Petitioner :- Ram Ajor Respondent :- Collector/District Magistrate, Allahabad and 3 Others Counsel for Petitioner :- Manvendra Nath Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri V.K. Singh, learned counsel for the petitioner; learned Standing Counsel for the State respondents and Shri Diwakar Singh, learned counsel for the Gaon Sabha.
The petitioner is before this Court, assailing the impugned undated notice issued by the second respondent, Sub Divisional Officer, Tehsil Handia, District Allahabad wherein the petitioner has been asked to remove his illegal construction/encroachment from the land in question within a week from the date of receipt of the notice, otherwise the same would be removed and a sum of Rs.12,240/- would be recovered from him towards damages. He has further prayed for issuing direction to the Tehsildar, Tehsil Handia, District Allahabad to decide Original Suit No.799 of 2017-18 (Gaon Sabha vs. Ram Ajor) under Section 67 of U.P. Revenue Code, 2006 within stipulated time.
Shri V.K. Singh, learned counsel for the petitioner submits that the land in question was recorded as infertile land (USAR) in the revenue record. The petitioner has raised the construction on the said land and is residing alongwith his family members since last 70 years. Earlier, a notice under Section 67 (2) of U.P. Revenue Code, 2006 was issued to the petitioner alleging that the land in question is recorded as pond and the petitioner is in illegal occupation of the said land. In response of the aforesaid notice under Section 122-B of UP ZA & LR Act, the petitioner has already filed detailed objection on 29.6.2017 and without finalizing the said proceeding, the second respondent has issued the impugned notice to the petitioner. The request has been made that till disposal of the aforesaid proceeding, the petitioner cannot be dispossessed from the land in question and the subsequent notice is not sustainable.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the second respondent to finalize the proceeding under Section 122B of UP ZA & LR Act as expeditiously as possible and preferably within a period of two months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost. Till finalization of the proceeding, the effect and operation of the subsequent notice would be kept in abeyance.
Order Date :- 28.5.2018 RKP