1. Heard Sri Harsh Vikram, learned counsel for the petitioner, Sri K.K. Mani, learned counsel for the Gaon Sabha and Sri Girish Vishwakarma, learned Standing Counsel for the State.
2. Petitioner has filed this writ petition being aggrieved of order dated 19.12.2019, Annexure-5 passed by the Assistant Collector, Class-1st/Tehsildar Milak, District Rampur, whereby recording a finding of encroachment on government land contained in Gata No. 286/541 measuring 0.0530 hectares to the extent of 10 meters, impugned order has been passed imposing penalty and directing removal of encroachment to the extent of 10 meters. Petitioner had filed appeal against this order which has too has been dismissed vide order dated 10.11.2020.
3. Learned counsel for the petitioner submits that petitioner had purchased land in question from one Ramswaroop S/o Tularam vide registered sale deed dated 31.05.1985, contained in survey no. 285A measuring 0.13 hectare and no encroachment has been made on the adjacent land, contained in survey no. 286/541 at Village Kyorara, Tehsil Milak, District Rampur.
4. Learned counsel for the petitioner submits that petitioner filed objections before the court of Assistant Collector, Class-1st/Tehsildar Milak, District Rampur as contained in Annexure-3 and has specifically taken an objection that since Lekhpal has not measured the property in dispute, therefore, no proceedings can be undertaken against him and said proceedings be dropped. It is submitted that overlooking these objections, impugned order has been passed.
5. Sri K.K. Mani appearing for respondent no. 1-Gaon Sabha, in his turn, submits that in objection, which is taken before the Assistant Collector i.e., the court of first instance, there is no mention of this ground namely, that Lekhpal had not taken measurements of the property in question and arbitrarily it has been held that there is encroachment of the petitioner to the extent of 10 meters on the land, contained in Gata No. 286/541. It is submitted that in fact the only objection, which has been taken is that there is no encroachment on land, contained in Gata No. 286/541 and Gata No. 285A (wrongly mentioned as Gata No. 485A) and 286/541 are adjacent whereas father of the petitioner Sri Gorey Khan has purchased the land contained in Gata No. 285A and petitioner is in possession of the property, after death of Sri Gorey Khan, as his legal heir. Further it has been mentioned in the objection filed before the Assistant Collector that construction of the petitioner is about 25-30 years old and when no employee/Pradhan has taken any objection on the construction made by the petitioner's father, then present Pradhan, who has some political enmity has colluded with the Lekhpal to furnish a wrong report.
6. Thus, it is apparent that there is no mention of any faulty measurements or lack of measurements in the hands of Lekhpal.
7. After hearing learned counsel for the parties and going through the record, it has come on record that petitioner was granted opportunity of filing evidence to the effect that there is no encroachment on survey no. 286/541, but petitioner failed to produce such evidence when impugned order dated 19.12.2019 was passed by the Assistant Collector, Class-1st/Tehsildar Milak, District Rampur, which has been affirmed by the appellate authority in appeal.
8. I do not find any illegallity or perversity in the impugned orders inasmuch as they only deal with public land and cause removal of encroachment from the public land, therefore, petition is devoid of merits, deserves to be dismissed and is dismissed.
Order Date :- 12.1.2021 Vikram/-