Court No. - 25
Case :- WRIT - C No. - 40059 of 2018 Petitioner :- Ram Asare Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manvendra Narain Pathak Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed against the notice dated 26.10.2018 issued by the Tehsildar, Deoria Sadar, District Deoria asking the petitioner to vacate the Gaon Sabha plot.
The facts of the case relevant for the purpose are: that Case No.357/13222 was registered against one Dashrath and Case No.338/13203 was registered against petitioner under Section 122-B of the U.P Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as Act, 1950) read with Section 67 of the Uttar Pradesh Land Revenue Code, 2006 (hereinafter referred to as Code, 2006).
An order dated 4.4.2016 was passed in both the cases separately asking the noticee of the said cases to vacate the disputed plots. However, the said order was not implemented by the concerned Officer. Therefore, a Public Interest Litigation Petition No.30778 of 2018 was filed in this Court praying for a writ of mandamus commanding the concerned Revenue Officer to implement the order dated 4.4.2016 passed in Case No.357/13222 and to get the Gaon Sabha plot vacated in pursuance to the order dated 4.4.2016. The aforesaid writ petition was disposed of by this Court vide its order dated 11.9.2018 directing the District Magistrate, Deoria to decide the representation filed by the petitioner in the said case and in case the allegations made by the petitioner were found to be true, the District Magistrate was directed to ensure that the order dated 4.4.2016 passed in Case No.1357/13222 be implemented at the earliest.
From a perusal of the record of the present writ petition, it is not clear as to whether the representation filed by the petitioner in the previous writ petition was decided by the District Magistrate. However, notice dated 26.10.2018 has been issued by the Tehsildar, Deoria Sadar District Deoria asking the petitioner as well as the aforesaid Shri Dashrath to vacate the Gaon Sabha plots as previously directed by his order dated 4.4.2016.
The notice dated 26.10.2018 has been challenged in the present writ petition.
The contention of the petitioner in the writ petition is that the petitioner did not have any knowledge of the order dated 4.4.2016 and came to know about the aforesaid order dated 4.4.2016 only after notice dated 26.10.2018 was issued by the Tehsildar and the petitioner immediately filed a recall application dated 19.11.2018 before the Tehsildar praying to recall the order dated 4.4.2016. It has been prayed in the writ petition that the notice dated 26.10.2018 may not be implemented till the recall application is decided by the Tehsildar.
It is not clear from a perusal of the recall application as to whether the same was filed on 19.11.2018. However, from a perusal of the recall application, it appears that some case no.13431 has been registered on the said recall application. A perusal of the fact stated above would show that the order dated 11.9.2018 passed by this Court in Writ Petition No.30778 of 2018 was only regarding implementation of the order dated 4.4.2016 passed in Case No.357/13222 against one Dashrath and there was no direction to the Tehsildar for implementing the order dated 4.4.2016 passed in Case No.338/13203.
In that view of the matter, there was no occasion for the Tehsildar to rely on the order passed by this Court while issuing a notice for eviction of the petitioner. The notice for eviction could have been issued in the normal course of his duties by the Tehsildar as the order dated 4.4.2016 was, in any case, liable to be implemented.
At the same time, as a recall application has been filed by the petitioner stating that the order dated 4.4.2016 passed in his case was an ex parte order and the petitioner had no knowledge of the same, therefore, it would be in the interest of justice that the said recall application is decided by the Tehsildar at the earliest. Consequently, the Tehsildar, Deoria Sadar, District Deoria is directed to decide the recall application filed by the petitioner registering Case No.13431 within fifteen days from today and in Case the Tehsildar finds that the order dated 4.4.2016 passed against the petitioner is liable to be recalled, the Tehsildar shall decide the case registered against the petitioner under Section 122-B of the Act, 1950 read with Section 67 of the Code 2006 within the next one month. Subsequent action to be taken by the Tehsildar would depend on his orders passed as aforesaid. In case the Tehsildar finds that the recall application is liable to be rejected, he shall immediately implement the order dated 4.4.2016 within seven days thereafter.
It is clarified that the present order passed by this Court shall not be treated as an interim order staying the operation of the order dated 11.09.2018 passed in Public Interest Litigation Petition No.30778 of 2018 and the said order passed by this Court against Shri Dashrath shall be implemented by the Tehsildar within seven days, if not already implemented.
It is also clarified that the case of the petitioner in the present case is that he is not in possession over Gaon Sabha Plot No.127 but is in possession over Plot no.121 and therefore, he is not liable to be evicted. Thus, it is made clear that in any case, the Tehsildar has to ensure that Plot No.127 belonging to the Gaon Sabha has to be vacated from any illegal encroachment.
Let a copy of this order be sent to the District Magistrate, Deoria by the office of this Court who shall ensure implementation of the order dated 11.09.2018 passed by this Court in Public Interest Litigation Petition No.30778 of 2018 as well as the present order passed by this Court.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 20.12.2018 IB