Ale Navi vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ale Navi vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only: (i) effect and operation of the Tehsildar's order dated 27.02.2024 stayed until further orders of this Court; (ii) Tehsildar Manoj Kumar Rawat directed to file a personal affidavit explaining the calculation of damages and measurements by the next date; (iii) respondents permitted four weeks to file counter affidavit, rejoinder thereafter within two weeks; matter to be listed subsequently. Substantive adjudication deferred.

Issue for consideration

Whether the impugned orders under Section 67 and Section 67(5) of the U.P. Revenue Code, 2006 — imposing damages of Rs. 30,960/- and execution fees of Rs. 4,800/- on the petitioner for alleged illegal possession of an area of 0.0172 sq. mtrs — and the underlying measurement and calculation of damages, are correct and sustainable, such that the orders should stand or be quashed.

Court's answer

As an interim measure, until further orders of the Court, the effect and operation of the order dated 27.02.2024 passed by the Tehsildar, Tehsil and District Bulandshahar is stayed.

Ratio / Principle

The Court directs Manoj Kumar Rawat, Tehsildar, Tehsil-Sadar, District Bulandshahar, to file his personal affidavit by the next date explaining the calculation of damages as well as the calculation of measurements made in the impugned order.

Key takeaways

Preliminary judicial observation (matter still requiring consideration) that it is 'really strange' how the respondents measured so small an area and imposed damages to the tune of Rs. 30,960/-, signalling doubt about the measurement and damage calculation pending verification by affidavit.obiter¶4

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 34), Writ-C No. 2978 of 2025, Hon'ble Manish Kumar Nigam, J., order dated 11.2.2025 — INTERIM STAGE. Petitioner Ale Navi seeks a writ of Certiorari quashing (i) the order dated 27-02-2024 of the Tehsildar, Tehsil and District Bulandshahar, in Case No. 01880 of 2018 (Bhoomi Prabandhan Samiti v. Ale Navi) under Section 67 of the U.P. Revenue Code, 2006, by which he was found in illegal possession of 0.0172 sq. mtrs and damages of Rs. 30,960/- plus execution fees of Rs. 4,800/- were imposed, and (ii) the order dated 16-10-2024 passed by the Collector of the District in Case/Appeal No. 3998 of 2024 under Section 67(5) of the said Code. Observing it 'really strange' that so small a measured area attracted damages of Rs. 30,960/-, the Court directed the Tehsildar (Manoj Kumar Rawat) to file a personal affidavit explaining the calculation of damages and of measurements, fixed four weeks for the respondents' counter affidavit, and stayed the effect and operation of the Tehsildar's order dated 27.02.2024 until further orders. Substantive merits left open.

Court No. - 34

Case :- WRIT - C No. - 2978 of 2025

Petitioner :- Ale Navi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surendra Pratap Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

Hon'ble Manish Kumar Nigam,J.

Heard learned counsel for the parties and perused the record.

This writ petition has been filed for the following relief:-

"I. Issue a writ, of Certiorari quashing the impugned order passed by Tehsildar, Tehsil and District Bulandshahar dated 27-02-2024 in case no. 01880 of 2018 Bhoomi Prabandhan Samiti VS. Ale Navi under section 67 of the U.P. Revenue Code, 2006 (Annexure No. 1) and the impugned order dated 16-10-2024 passed by the Collector of the District in case/ appeal no. 3998 of 2024 Ale Navi vs. Bhoomi Prabandhan Samiti under Section 67 (5) of the U.P. Revenue Code, 2006 (Annexure No. 2)."

Contention of learned counsel for the petitioner is that in proceedings under Section 67 of the U.P. Revenue Code, 2006, the petitioner has been found to be in illegal possession of an area 0.0172 sq. mtrs for which damages of Rs. 30,960/- and execution fees of Rs. 4800/- have been imposed upon the petitioner apart from other submissions raised by counsel for the petitioner.

It is really strange that how the respondents have measured such a small area and have imposed damages to the tune of Rs. 30,960/-.

Matter requires consideration.

Respondent Nos. 1 to 3 are represented by learned Standing Counsel. Sri Sunil Kumar Singh, learned counsel appears for respondent No. 4.

Respondents may file counter affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

8. List thereafter.

Let Manoj Kumar Rawat, Tehsildar, Tehsil- Sadar, DistrictBulandshahar file his personal affidavit explaining the calculation of damages as well as the calculation of measurements made in the order impugned by the next date.

Until further orders of this Court, the effect and operation of order dated 27.02.2024 passed by Tehsildar, Tehsil and District Bulandshahar shall remain stayed.

Order Date :- 11.2.2025 Nitika Sri.

(Manish Kumar Nigam,J.)

Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad