Court No. - 6
Case :- WRIT - C No. - 41815 of 2019 Petitioner :- Vijay Pal Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition arises out of proceedings under Section 67 of U.P. Revenue Code wherein petitioner has been ordered to be evicted from 88 Sq. meeter of plot no. 490 recorded as banjar in the revenue record.
It is submitted that notice of the proceeding under Section 67 U.P. Revenue Act, 2006 were received by the petitioner on 03.05.2016. He has filed an objection on 23.05.2016. The order of eviction was passed by Tehsildar on 24.01.2018 although ex parte. The petitioner filed a recall application which was rejected and thereafter an appeal filed by the petitioner has been rejected on 29.12.2018.
The only contention of counsel for the petitioner is that in his objection he had pleaded the benefit of sub-Section 1 of Section 123 of U.P. Z.A. and L. R. Act which has wrongly and illegally not afforded to him.
The orders impugned are not liable to be interfered on the ground pleaded because on the date the proceedings were initiated, the U.P. Z.A. and L. R. Act stood repealed upon enforcement of the U.P. Revenue Code, 2006, w.e.f. 11th February, 2016. Thus, the petitioner sought to rely upon a repealed provision of law which reliance is not tenable.
For the foregoing the petition is found to be without substance and the orders impugned are not liable to be interfered with.
The writ petition is, accordingly, dismissed.
Order Date :- 18.12.2019 AKT