Court No. - 6
Case :- WRIT - C No. - 42556 of 2019 Petitioner :- Virpal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner.
The writ petition arises out of proceedings under Section 122-B of the U.P. Z.A. & L. R. Act and seeks quashing of the order dated 16.04.2018 passed by Tehsildar, Tehsil Khair and the order dated 28.01.2019 passed by the Additional District Magistrate (F & R) whereby consequential revision has been dismissed. By the orders impugned, petitioner has been ordered to be evicted from plot no. 909, area 1.002 hectare recorded as Banjar in the revenue record.
Contention of counsel for the petitioner is that the land in question had been allotted to his father and that he has been in possession, having constructed a house for more than 30 years ago.
The case of the petitioner before the Court below has also before this Court of a valid allotment in favour of his father is sought to be established by placing reliance upon the document filed at page no. 32 of the paper book as Annexure No. 3.
The document relied upon is not a patta. It is a receipt dated 06.02.1969 pertaining to deposit of Rs. 100/-.
The Courts below have, upon consideration of this document, rejected it, finding that it cannot be a document evidencing an allotment as the boundary land alleged to be allotted is not mentioned therein.
Apart from above, on a pointed query of this Court whether there was any revenue entry in favour of the petitioner regarding lease granted in the year 1969, the answer is categorically, no.
It is inconceivable, a person who had been allotted patta would not get his name mutated in revenue records. Even otherwise if he or his father were in possession for the past 30 years, there must have been a corressponding khasra entry.
The only other contention raised by the counsel for the petitioner is that surrounding area is covered by houses. This submission in my considered opinion, cannot improve the petitioner's case because the land in issue is admittedly recorded in the name of the Gaon Sabha.
In view of foregoing the writ petition which is without merit and suffers from laches of 232 days.
It is accordingly dismissed.
Order Date :- 20.12.2019 AKT