Court No. - 6
Case :- WRIT - C No. - 38707 of 2019 Petitioner :- Vinod Kumar And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hemant Kumar Dubey,Rajeev Kumar Singh Parmar Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners.
The instant writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006, wherein an order has been passed for evicting the petitioner from plot no. 116 recorded as manure pit in the revenue records, thereby being land of public utility.
Vide order dated 28.11.2019, learned counsel for the petitioner has been put to terms by directing him to deposit a sum of Rs. 15,000/- within ten days from the date of the order, to enable the revenue authorities to carry out a fresh survey to determine exactly whether there was any encroachment by the petitioner.
On the matter being called out, it has been submitted that the amount could not be deposited by the petitioner. It therefore, stands admitted that the directions contained in the order dated 28.11.2019 have not been complied with by the petitioner.
In this connection relevant portion of the order dated 28.11.2019 is necessarily required to be adverted to. It is extracted herein below:-
"It is clarified that in case, the deposit is not made within the time specified above, the revenue authorities are not required to conduct any survey and it shall also be open for them to execute the orders impugned in this writ petition without further reference to this Court."
Under the circumstance and in view of what has been stated in the earlier order dated 28.11.2019 and since the directions have not been complied with, the petitioner is not entitled to any relief from the Court.
The orders of eviction of the petitioner from plot no. 116, are hereby affirmed and the writ petition is dismissed.
Order Date :- 19.12.2019 Mayank