Court No. - 39
Case :- WRIT - C No. - 37760 of 2019 Petitioner :- Shivdhari 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 an order passed under Section 67 of the U.P. Revenue Code, 2006, directing petitioner's eviction from the plot No. 815, area 0.013 hectares, having total area 1.342 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 land, as per which the entire land is recorded as Talab. By virtue of Section 132 of the U.P. Z.A. and L.R. Act and no Patta can be executed over the land earmarked for public utility. A direction made to remove the encroachment over the 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.