Allahabad High Court
Noman Ahmad vs District Magistrate, Azamgarh And 8 ... on 26 August, 2019
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 23959 of 2019 Petitioner :- Noman Ahmad Respondent :- District Magistrate, Azamgarh And 8 Others Counsel for Petitioner :- Mohammad Alam,Ayub Khan Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos.1 and 2. Mr. Ramesh Chandra Upadhyay, learned counsel, has accepted notice on behalf of respondent no.3.
On 23.7.2019 following order was passed :-
"Heard learned counsel for the petitioner and Shri Ramesh Chandra Upadhyay for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The writ petition arises out of proceedings under Section 67 of the U.P. Revenue Code, 2006, wherein the petitioner had been ordered to be evicted from plot recorded as a pond being plot no.610.
It is the case of the petitioner that the proceedings were exparte and that in fact the constructions of the petitioner did not exist over plot no.610 but on adjoining plot no.609. The order of eviction is without a proper demarcation.
Subject to the petitioner depositing a sum of Rs.10,000/- in the Consolidated Gaon Sabha fund within a period of one week from today, learned Standing Counsel is directed to ensure that a proper survey on the basis of fixed points is conducted by the revenue authorities and the report in this regard is brought on record of this writ petition along with an affidavit.
In case, the deposit is made within the time stipulated above, the actual survey shall be made within a period of 4 days, thereafter.
It is clarified that in case, the deposit is not made within the time specified above, the revenue authorities are not required to conduct any survey and it shall also be open for them to execute the impugned orders in this writ petition against the petitioner without further reference to this Court.
Put up as fresh on 06.08.2019."
Today when the matter was taken up, instructions received from the office of Tehsildar, Sadar, Azamgarh, was placed by the learned Standing Counsel before the Court, the same is taken on record.
Issue notice to respondents no.4 to 9. Steps be taken within ten days.
Counter affidavit be filed by all the respondents within six weeks. Rejoinder affidavit may be filed within two weeks' thereafter.
List on 21.10.2019.
Order Date :- 26.8.2019 Pramod Tripathi