Court No. - 9
Case :- WRIT - C No. - 21749 of 2019 Petitioner :- Sanjay Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Kailash Nath Singh Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Rajnish Kumar Rai
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Manoj Kumar Yadav, respondent No. 4, Gaon Sabha, and Shri Rajnish Kumar Rai, counsel appearing for Union of India.
The writ petition has been filed seeking directions for restraining the respondent No. 3, the Tehsildar, from proceedings further in a case under Section 67 of the UP Revenue Code, 2006 instituted against the petitioner, and pending before him.
The contention of counsel for the petitioner is that the proceedings for eviction against the petitioner has been brought as regard to plot No. 37 situated in Akbarpur Aadam, Pargana Haveli, Tehsil Sadar, District Jaunpur. The adjoining plot No. 36 is bhumidhari plot of the petitioner.
The petitioner has instituted a case for correction of map wherein plot in shown to be smaller in area than its revenue entry.
On the proceedings being initiated, a report has also been submitted in favour of the petitioner but final order has not been passed in the proceedings for correction of map.
In the meantime, proceedings for eviction of plot No. 37 were initiated and have culminated in an order for eviction. Against this order, an appeal has been filed by the petitioner which is pending consideration.
It is not in issue that the case under Section 67 of the Code was for eviction of the petitioner from an area of plot No. 37.
Under the circumstances, this writ petition is disposed of directing the respondent No. 2 to conclude the proceedings for correction of map within a period of three weeks from the date a certified copy of the order is filed before him, the respondent No. 2 who is seized of the matter.
Order Date :- 26.7.2019 Priyanka