Court No. - 18
Case :- WRIT - C No. - 15508 of 2018 Petitioner :- Tulsi Respondent :- Additional District Magistrate (Judicial) And 2 Others Counsel for Petitioner :- Karuna Srivastava,Rati Bhan Singh,Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel. Shri Ashish Kumar Srivastava has accepted notice on behalf of Gaon Sabha.
The petitioner is before this Court assailing the order dated 30.12.2017 passed by the Addl. District Magistrate (Judicial), Distt. Agra (first respondent) in Revision No.26 of 2017 (Computer No.D201701105909) (Tulsi v. Gaon Sabha) under Section 122-B (4-A) of the UPZA & LR Act and the order dated 19.06.2017 passed by the Tehsildar/ Asstt. Collector-I Class, Tehsil-Sadar, Distt. Agra (second respondent) in Case No.48 of 2016 (Computer No.T2016010101650) (Gaon Sabha v. Tulsi) under Section 122-B of the UPZA & LR Act.
Learned counsel for the petitioner submits that the controversy in hand is squarely covered by the judgment dated 16.4.2018 passed in Writ-C No.13643 of 2018 (Shankar Lal v. ADM (Judicial) & Ors.) and the similar direction may also be passed in this writ petition also. The operative portion of the order dated 16.4.2018 is quoted as under:-
" In the facts and circumstances, once objection has been taken by learned counsel for the petitioner that proceeding under Section 122-B of the Act has been finalized exparte against the petitioner without any actual demarcation of the property in question, the Court has perused the entire record and find that this is admitted situation that no doubt notice under Section 49 Ka has been issued to the petitioner on 18.11.2015 but at the same time this is also admitted situation that proceeding under Section 122-B of the Act has been finalized against the petitioner exparte. In such circumstances, the Court is of the considered opinion that for substantial justice the petitioner has to be given opportunity in the matter and the authority has also to proceed in the matter after actual demarcation of the property in question.
In the aforesaid facts and circumstances, the orders impugned cannot sustain and are accordingly set aside. With the consent of learned counsel for the parties, the matter is remitted back to the second respondent i.e. Tehsildar/ Assistant Collector-I class, Tehsil Sadar, Distt. Agra to proceed under Section 122-B of the Act strictly in accordance with law but certainly after giving opportunity to the petitioner and after actual demarcation of the property in question. In case the petitioner has encroached upon the land in question, he may be evicted from the same.
The writ petition is allowed accordingly."
So far as the legal and factual aspect is concerned, the same has not been disputed by learned counsel for the respondents.
Considering the facts and circumstances of the case, present writ petition is also allowed in the same terms as has been given in Shankar Lal (Supra). As such the orders impugned cannot sustain and are accordingly set aside. With the consent of learned counsel for the parties, the matter is remitted back to the second respondent i.e. Tehsildar/ Assistant Collector-I class, Tehsil Sadar, Distt. Agra to proceed under Section 122-B of the Act strictly in accordance with law but certainly after giving opportunity to the petitioner and after actual demarcation of the property in question. In case the petitioner has encroached upon the land in question, he may be evicted from the same.
Order Date :- 30.4.2018 SP/