Court No. - 19
Case :- WRIT - C No. - 41909 of 2018 Petitioner :- Uma Shanker Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Maithali Sharan Pipersenia,Utsav Counsel for Respondent :- C.S.C.,Yanendra Pandey
Hon'ble Saurabh Shyam Shamshery,J.
Shri Utsav, learned counsel for petitioner, Shri Yanendra Pandey, learned counsel for respondent and learned Standing Counsel are present.
This Court has passed an order on 13.3.2019 and relevant part of the said order is reproduced hereinafter :-
"Having heard the learned counsel for the parties, I am of the view that orders passed under Section 67 of the U.P. Revenue Code, 2006, have grave consequences inasmuch as houses have to be demolished. Under such circumstances, I direct that the Appellate Court under Section 24(4) of the U.P. Revenue Code, 2006, may look into the report and the order submitted by the Demarcation Team dated 14.11.2018 and may independently decide the matter as an appellate court. This exercise may be completed by the Appellate Court under Section 24(4) of the U.P. Revenue Code, 2006, within a period of one month from the date of production of a certified copy of this order.
Till such time as the Appellate Court decides the matter, the impugned order dated 25.9.2018 passed by the Tehsildar and the order dated 30.11.2018 passed by the Appellate Court shall remain stayed.
Learned Standing Counsel may place the order which would now be passed by the Appellate Court under Section 24(4) of the U.P. Revenue Code, 2006, on 23.4.2019.
List this case on 24.4.2019."
In pursuance of the above referred order, the petitioner filed an appeal bearing Appeal No.00692 of 2019 (Uma Shankar vs. Gaon Sabha) bearing Computerized Case No.C201902000000692 before the Additional Commissioner under Section 24(4) of the U.P. Revenue Code, 2006, however, the same was rejected by an order dated 16.8.2019 on the ground that the Appellate Court would be the Court of Collector. The petitioner has not placed the said order before this Court even though this matter was listed as many as on 5 dates after the said order was passed. It appears that petitioner is taking unnecessary advantage of the interim order passed by this Court, as referred above.
I have perused the impugned orders, whereby, proceedings under Section 67 of the U.P. Revenue Code, 2006 were allowed considering that the petitioner was in unauthorized possession on the land of Gaon Sabha which is entered as Rasta in the revenue records. The Appellate Court also rejected the Appeal on the ground that on the basis of the spot report, it was found that petitioner was in illegal occupation on land of the Gaon Sabha.
This Court has passed the interim order dated 13.3.2019 to give opportunity to petitioner to get the land demarcated under the provisions of Section 24 of the U.P. Revenue Code, 2006 by directing the Appellate Court. However, petitioner has not even disclosed the outcome of the proceedings, therefore, he has suppressed relevant facts and thus not acted bonafidely. At present, no document is placed on record in support of the submission that the land in question belongs to the petitioner and not to the Gaon Sabha, therefore, prayers made in this writ petition are rejected. However, considering above interim order, passed by this Court, the petitioner is at liberty to approach the Competent Authority under Section 24 to ventilate his grievance regarding the dispute of boundaries, if so advised.
In view of the above, this writ petition is finally disposed of. Interim order, if any, stands vacated.
Order Date :- 24.9.2021 Rishabh
[Saurabh Shyam Shamshery, J.]