Writ petition challenging Tehsildar and Collector orders on settlement of banjar land under the UP Revenue Code; counsel for State and Gaon Sabha sought time to obtain instructions.
Temporary injunction against enforcement of the impugned orders until next date of listing.
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Court No. - 32
Case :- WRIT - C No. - 16920 of 2024
Petitioner :- Harpal Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Dharm Vir Jaiswal,Harsh Vikram Counsel for Respondent :- Arun Kumar Pandey,C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Harsh Vikram, learned counsel for the petitioners, Sri I.S. Tomar, learned Additional Chief Standing Counsel appearing for the State-respondents and Sri Arun Kumar Pandey, learned counsel for the respondent-Gaon Sabha.
The present petition has been filed seeking to assail the order dated 08.01.2021 passed by respondent no.2, Assistant Collector/Tehsildar (Judicial), Tehsil Nagina, District Bijnor in Case No.1469 of 2019, under Section 67 of the UP Revenue Code, 2006, and the subsequent order dated 18.01.2024 passed by respondent no.3, Collector, Bijnor, in an appeal filed thereagainst.
Contention of the counsel for the petitioners is that the plot in dispute is recorded as banjar in the revenue records. He submits that land in dispute is in possession of the petitioners since long, as such the same can be settled under Section 67A of the Revenue Code, 2006. He has further submitted that Tehsildar and Collector have passed the impugned orders without considering the case of settlement of the land in favour of the petitioner.
Counsel for the State-respondents and the respondent-Gaon Sabha pray for time to obtain instructions.
It has been pointed out that the case is similar in nature to Writ-C No.15972 of 2024.
As prayed, connect and list alongwith Writ-C No.15972 of 2024 on 18.10.2024 as fresh.
Till the next date of listing, the respondent authorities would be expected not to initiate any measures to enforce the orders impugned.
Order Date :- 1.10.2024 Shahroz
(Dr. Y.K. Srivastava,J.)
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
2 provisions across 1 enactments
Harpal Singh
State of UP
Yogendra Kumar Srivastava
As recorded by the court registry
3 orders share this CNR
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