Kulwant Singh Vs State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 2 Others

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Neutral Citation No. - 2025:AHC-LKO:35977

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Court No. - 2

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Case :- WRIT - C No. - 5836 of 2025

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Petitioner :- Kulwant Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 2 Others

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Counsel for Petitioner :- Nitesh Pandey,Ashok Kumar Bajpai,Belal Ahmad,Kadambani Lal,Satyendra Kumar Gupta Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J. (Order on Impleadment Application)

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1. This is an application for impleadment of Gram Samaj Daud Nagar, Pargana and Tehsil Mohanlalganj, District Lucknow, as respondent no.4.

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2. The Gram Samaj Daud Nagar, Pargana and Tehsil Mohanlalganj, District Lucknow is a necessary party and none of the learned counsel have opposed the instant application.

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3. Accordingly, the instant impleadment application is allowed .

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4. Learned counsel for the petitioner may incorporate the necessary correction in the memo of the petition during the course of the day.

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(Order on Writ Petition)

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5. With the consent of the learned counsel for the parties, this Court is proceeding to decide the writ petition finally at the admission stage.

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6. Heard Sri Ashok Kumar Bajpai, learned counsel for the petitioner, Ms. Deepshikha, learned Additional Chief Standing Counsel, Sri Raj Bux Singh, learned Additional Chief Standing Counsel for the State and Sri Dileep Kumar Pandey, learned counsel for respondent no.4/Gram Sabha.

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7. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of the judgment and order dated 28.02.2024 passed by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, in Case No. 28941 of 2022, Computerized Case No. T202210460328941, Gram Panchayat vs. Kulwant Singh, under Section 67 of the U.P. Revenue Code, 2006, whereby it has been ordered that the petitioner shall be removed from his possession over 70 square meters of land bearing Gata No. 364, having a total area of 0.089 hectare, and Rs. 58,100/- will be recovered as damages for illegal occupation. The petitioner had filed Appeal No.1212 of 2024 against the said order, which has been dismissed by means of an order dated 15.04.2025 passed by the Additional District Magistrate (Judicial), Lucknow, and the petitioner has challenged the appellate order also.

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8. Submission of learned counsel for the petitioner is that the petitioner had submitted detailed objections before the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, stating that he has been in

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possession of the land-in-question since the time of his ancestors and is residing in the very house constructed thereon by his ancestors.

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9. A bare perusal of the judgment and order dated 28.02.2024 passed by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, indicates that the Assistant Collector has only taken into consideration the inspection report submitted by the Lekhpal and the Revenue Inspector, but there is no reference to the pleas taken by the petitioner in his objections that he has been in possession of the land since the time of his ancestors.

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10. The appellate Court has also not taken into consideration the pleas of the petitioner and has affirmed the order passed by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow.

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11. Submission of learned counsel for the petitioner is that non-consideration of the pleas taken by the petitioner in his objections renders the impugned orders unsustainable in law.

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12. Although the learned counsel for the respondents have opposed the writ petition, they could not dispute the aforesaid aspect of the matter that the pleas taken by the petitioner in his objections ought to have been considered by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, and the same have not been considered.

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13. Keeping in view the aforesaid facts, I am of the considered view that the impugned orders dated 28.02.2024 passed by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow and 15.04.2025 passed by the Additional District Magistrate (Judicial), Lucknow are unsustainable in law and the same are liable to be quashed.

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14. Accordingly, the writ petition is allowed . The impugned orders dated 28.02.2024 passed by the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, and 15.04.2025 passed by the Additional District Magistrate (Judicial), Lucknow, are quashed. The matter is remanded to the Assistant Collector First Class/Tehsildar (Judicial), Tehsil Mohanlalganj, District Lucknow, for being afresh after taking into consideration the pleas raised by the petitioner in his objections, in accordance with law, including the law laid down by this Court in Rishipal Singh vs. State of U.P. and Others , reported in 2022 SCC OnLine All 829 .

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(Subhash Vidyarthi, J)

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Order Date :- 20.6.2025 A.Dewal

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

Kulwant Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 2 Others

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Kulwant Singh v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 2 Others

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