Dismissed

Zaheer Khan v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

Allahabad HC18 Oct 2024/8770/2024

Case brief

AI extract

What is this about?

The High Court dismissed the petitioner's writ petition seeking quashing of orders under Section 67 of the U.P. Revenue Code, 2006, directed dispossession from land held under illegal occupation. The court held the orders were legal as sufficient opportunity to object was given, which the petitioner, unknown as to title, failed to utilize.

What did the court decide?

The writ petition is dismissed. Orders dated 29.07.2024 and 29.05.2023 are upheld.

Zaheer Khan Vs State of U.P. Thru. Prin. Secy., Revenue… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:70133

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Court No. - 19

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Case :- WRIT - C No. - 8770 of 2024

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Petitioner :- Zaheer Khan Respondent :- State Of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow And Others Counsel for Petitioner :- Shiv Prakash Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Shiv Prakash Dwivedi, learned counsel for the petitioner and Sri Gayadeep Singh, learned Standing Counsel for the State.

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The instant petition has been filed with the following prayer:

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"I. A writ, order and direction seeking in the nature of "Certiorari" for quashing the order dated 29.07.2024 passed by opposite party no. 2 i.e. the Additional District Magistrate (Administration), Sultanpur arising out of an appeal no. 2348/2023, computerized no. D202304680002348 u/s 67(5) U.P. Revenue Code 2006 as well as order dated 29.05.2023 passed by opposite party no.4 i.e. Tahsildar, Tahsil-Lambhua, District-Sultanpur which was initiated proceeding U/s 67 of U.P. Revenue Code 2006, Case No. 476/2023, computerized no. T202304680300476 (namely State Vs. Zaheer Khan etc) by which the opposite party no. 4 passed an order for dispossession to the petitioner from land in question Gata No. 3066/D/0.2740 Heq. Village & Post Tatomurani, Pargana- Chanda, Tahsil - Lambhua, Distt.- Sultanpur. The Certified copy / photocopy of the order dated 29.07.2024 and the certified copy/photocopy of the order dated 29.05.2023 are being filed herewith and marked as ANNEXURE NO. 1 & ANNEXURE NO.2 to this writ petition.

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II. A Writ order and direction in the nature of Mandamus commanding the opposite party no. 2 to 5 not to disturb the petitioner from his peaceful possession over the land Gata No. 3066 Cha which belongs with the petitioner situated at Village & Post Tatomurani, Pargana- Chanda, Tahsil - Lambhua, Distt.- Sultanpur before the sub-district magistrate Lambhua, Distt.- Sultanpur."

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Learned counsel for the petitioner submits that in the proceedings initiated under Section 67(5) of the U.P. Revenue Code, 2006, the same has been concluded without hearing the petitioner vide order dated 29.05.2023 passed by the Tehsildar/Additional Collector, Tehsil Lambhua, District Sultanpur. From perusal of the order, it appears that after the report has been received from the Lekhpal with regard to the illegal occupation, the construction of the house and shops over the land belong to the Gram Sabha the proceedings were initiated against the petitioner herein and notices were issued to the petitioner and on 06.04.2023, the petitioner had appeared

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and sought some time to file objection. However, he did not file any objection to the said report of the Lekhpal and on subsequent date on 16.05.2023, he did not appear before the Tehsildar and despite the opportunity granted to the petitioner, he did not file any objection/evidence against the report of the Lekhpal. In view thereof, the said application dated 06.04.2023 was rejected and the report of the Lekhpal was approved by the Tehsildar/Additional Collector, Tehsil Lambhua, District Sultanpur. The petitioner was directed to be evicted from the land in question, in which he was found to be in illegal occupation and compensation was also directed to be recovered from the petitioner. Against the said order dated 29.05.2023 the petitioner filed an appeal under Section 67(5) of the U.P. Revenue Code before the District Magistrate (Administration), Sultanpur, which was also rejected by the Tehsildar/Additional Collector, Tehsil Lambhua, District Sultanpur vide order dated 29.07.2024 having categorically found that the petitioner has failed to prove his title over the land in question, in which he has constructed the house and shops.

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In view of the categorical finding that the petitioner herein was in illegal occupation of the land in question, this Court does not find any illegality in the impugned order dated 29.07.2024 passed by the Tehsildar/Additional Collector, Tehsil Lambhua, District Sultanpur.

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Even the petitioner was granted sufficient opportunity to file objection with regard to the report of Lekhpal, he did not file any objection, therefore, this Court does not find any good reason to entertain the instant petition and the same is, accordingly, dismissed.

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Order Date :- 18.10.2024 Ashish pd.

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(Anish Kumar Gupta, J.)

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Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Zaheer Khan v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

Case brief

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Zaheer Khan v. State of U.P. Thru. Prin. Secy., Revenue Deptt., Lucknow and Others

Case brief

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