Heard the learned counsel for petitioner, the learned Standing Counsel for the State respondents and Shri Dilip Kumar Pandey, who appears for Gram Sabha.
The petitioner has approached this Court challenging the order dated 28.11.2020 passed by the Additional District Magistrate (Judicial) in Appeal No. 02258 of 2020 and also the order dated 26.08.2020 passed by Tehsildar Sadar, Unnao in Case No. 04128 of 2018, Gaon Sabha Vs. State.
It is the case of the petitioner that he is a very poor and landless person, residing in Village Amberpur and belongs to other backward class category. He had no pakka house in the village and is living under a thatched roof for a long time, i.e., for almost thirty years over 0.013 hectare of Gata No. 2096 Minjumla, which was recorded as Banjar land in revenue record. Such Banjar land is adjacent to the Abadi land. On a report submitted by the Area Lekhpal, Village Panchayat Dewara Kalan, Tehsil and District Unnao, proceedings were initiated against him under Section 67(1) of the Revenue Code. On notice being issued on 16.04.2018 the petitioner submitted his reply on 11.06.2018 and also on 19.11.2019 saying that he has not encroached upon the Gram Sabha land and that he is a landless person, who has been given plot in question under Indira Awas Yojna and he is living on the same for past several years by erecting thatched hutment and belonging to other backward class category, he is entitled for a patch of land on which his hutment is situated as a housing site. However, the Tehsildar did not consider the request of the petitioner sympathetically, but observed in the order impugned that since he has admitted that he is in possession over 0.013 hectare of plot No. 2096(M), which is recorded as Banjar land in favour of the Gaon Sabha, he should remove his encroachment and give damages to the tune of Rs. 65,000/- for illegal occupation of Gaon Sabha land. The petitioner filed an appeal under Section 67(5) U.P. Revenue Code, 2006, which appeal has also been dismissed by the Additional District Magistrate(Judicial), Unnao on the ground that there is an admission on the part of the petitioner that he is residing over the disputed plot of land, which is recorded as Banjar land in Khata of Gaon Sabha.
It has been submitted by the learned counsel for petitioner that from the order impugned it is evident that petitioner is otherwise landless person and he is belonging to other backward class category, therefore, he is covered under Section 64 for allotment of housing site. The land in question is also covered under Section 63 of the U.P. Revenue Code, and therefore, he is entitled to be considered for allotment of the said land as a housing site under Section 67(A).
This writ petition is disposed of with the direction to the petitioner to file an appropriate application under Section 67(A) of the Revenue Code before the Sub Divisional Magistrate, Tehsil Sadar, District Unnao within a week from today. If such an application is made the same shall be considered sympathetically by the Sub Divisional Magistrate, who shall submit a report to the District Magistrate within two weeks thereafter. The District Magistrate shall consider the plight of the petitioner and pass appropriate orders within three weeks thereafter. For a period of six weeks or till the decision on the application made by the petitioner, whichever is earlier, the orders impugned shall remain in abeyance.
Order Date :- 19.2.2021 Mustaqeem