Disposed
Sri Seva Shankar v. State of U.P. and 3 Others
Allahabad HCWRIC/35967/2019
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Case :- WRIT - C No. - 35967 of 2019…
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Case :- WRIT - C No. - 35967 of 2019…
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Court No. - 6
Case :- WRIT - C No. - 35967 of 2019
Petitioner :- Sri Seva Shankar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Pandey Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is aggrieved by the order dated 08.12.2016 and 25.01.2019 passed by the Tehsildar (Judicial) Tehsil Sadar Mirzapur and the District Magistrate, Mirzapur respectively.
It has been submitted by the learned counsel for the petitioner that on frivolous complaint being filed, the Tehsildar registered a false case against the petitioner on the basis of a report of the Lekhpal and passed the impugned order dated 08.12.2016 ex parte.
The petitioner filed a restoration application on 28.12.2016 wherein he specifically stated that the Lekhpal never inspected the property in dispute and had submitted a false report. The said restoration application has been rejected by the order dated 27.07.2017. The petitioner thereafter preferred a revision before the Collector which was registered as Case No. 00196 of 2019. The said revision has been dismissed on 25.01.2019. It has been submitted that the petitioner is the recorded Bhumidhar of Gata No. 930 Area 0.1620 hectare and that he has no concern with Gata No. 931 on which the Lekhpal had reported encroachment by the petitioner.
In the opinion of the Court, in case the submission made by the petitioner is correct that he is confined to his own Gata No. 930 then he shall not be dispossessed from the same as the order has been passed for Gata No. 931.
This writ petition is disposed off with a direction to the Revenue Officer to remove all encroachments from manure pit on Gata No. 931 as the said encroachment has not been made by the petitioner, whoever has encroached upon the manure pit, all his dumped material may be removed after demarcating Plot No. 931, within ten days.
This order shall be communicated to the authorities by the office of the Chief Standing Counsel even if the petitioner fails to do so.
Order Date :- 18.11.2019 VR
(Sangeeta Chandra, J.)
Sri Seva Shankar
State Of U.P.
Sangeeta Chandra
As recorded by the court registry
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