Court No. - 39
Case :- WRIT - C No. - 37769 of 2019 Petitioner :- Shiv Kumar Respondent :- Collector District Sant Ravidas Nagar And 2 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey,Ram Babu Yadav
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against order passed under Section 67 of the U.P. Revenue Code, 2006, directing petitioner's eviction from plot No. 815, area 0.013 hectares. The order impugned contains a categorical recital that the Plot No. 815 is recorded as 'Talab'.
Learned counsel for the respondents has produced Khatauni of the plot, as per which the entire area of plot is recorded as 'Talab'. By virtue of Section 132 of the U.P. Z.A. and L.R. Act no Patta can be executed over the land earmarked for public utility. The direction issued to remove encroachment from plot No. 815, therefore, merits no interference.
Writ petition fails and is accordingly dismissed.
In case petitioners are landless, as is being alleged by the counsel for the petitioners, it would be open for them to apply for allotment of land for housing purposes, after removing their encroachments from the pond in question, and the same shall be dealt with, in accordance with law.
Order Date :- 28.11.2019 n.u.