Court No. - 40
Case :- WRIT - C No. - 24429 of 2021 Petitioner :- Tribhuvan Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anurag Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
This writ petition has been filed with the allegation that petitioner is in possession over the shop and appurtenant land in accordance with law, yet the authorities are proceeding to demolish the construction without passing any order.
Taking cognizance of such contention, we passed following order on 23.11.2021:-
"Contention is that without undertaking any acquisition proceeding and issuing any notice, petitioner's constructions have been demolished over his bhumidhari land.
Learned Standing Counsel may obtain instructions. Post the matter as fresh on 13th December, 2021."
When the matter is taken up today, learned Standing Counsel has obtain instructions from the S.D.M. As per instructions, the petitioner has encroached upon certain land of Plot No. 1132, which is recorded as passage and the authorities have already initiated action against the petitioner under Section 67 of the U.P. Revenue Code 2006. It is further pointed out that 12.1.2022 is the date fixed in the matter. Copy of instructions has been given to the counsel for the petitioner.
In view of the stand taken by the respondents, we provide that the petitioner may submit objection to the notices issued under Section 67 of the Code of 2006 and appear before the authorities on the next date fixed. The authority concerned shall accord consideration to petitioner's objection and shall proceed to pass appropriate orders, in accordance with law. Rights of the parties would be determined, accordingly.
Writ petition stands disposed off.
Order Date :- 23.12.2021 Ranjeet Sahu