Allahabad High Court
Sahadat Ali vs State Of U.P. And 5 Others on 9 June, 2020
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Reserved on 13.01.2020 Delivered on 09.06.2020 Court No. - 9 Case :- WRIT - C No. - 561 of 2020 Petitioner :- Sahadat Ali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the petitioner and Sri Kaushal Kishore Mani for the Gaon Sabha and learned Standing Counsel for the State-respondents.
The instant writ petition arises out of proceedings under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act and seeks a writ of certiorari for quashing the order dated 07.12.2019 passed by the Collector, Jaunpur.
By the impugned revisional order, the order passed by Tehsildar, the case under Section 122B of U.P. Zamindari Abolition and Land Reforms Act against the petitioner was dropped and notice issued to him in Form-49-A was discharged. This order has been set aside by the Collector and the matter has been remanded to the Tehsildar to pass a fresh order on the basis of evidence on record and after making a spot inspection.
The dispute relates to Plot No. 181 in area 0.170 hectares recorded as Usar over which a government school is running and a mosque also exists. It appears that over the remaining area, the petitioner put up a tin-shed, on the basis whereof, proceedings for eviction were drawn against him. Initially, an order of eviction and damages was passed. The petitioner filed a restoration application whereupon the earlier order of eviction was set aside and after hearing the petitioner, proceedings were dropped and notice in Form 49-A was withdrawn.
Against the order dropping the proceedings, a revision was filed by respondent no. 6. This revision has been allowed by the impugned order as noted above.
Before the Revisional Court, the case of the opposite party was that proceedings were collusive and had been resorted to at the instance of the petitioner himself so as to encroach upon Gaon Sabha property, with which he had no concern.
The proceedings were dropped by the Tehsildar on the ground that petitioner is residing alongwith his family over the plot in question since long, that he was not possessed of any other accommodation, and is a person living below poverty line.
The revisional Court found that there was no evidence on record to support any of these findings. In fact the report of Lekhpal, on the basis whereof, proceedings under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act were initiated against the petitioner, stated that he had encroached upon plot in question five months back and have put up a tin-shed thereon.
Since, there was no evidence to show that petitioner was in possession since long nor there was any evidence to show that he was living below the poverty line and also because no spot inspection has been carried out by Tehsildar, the order, dropping the proceeding, was found to be unjustified. It was accordingly, set aside and the matter remanded back with directions for a decision afresh.
The only contention of counsel for the petitioner is that regarding the same plot, proceedings under Section 67 (A) of the U.P. Revenue Code have already been decided in favour of the petitioner, which order is not under challenge. Therefore, the writ petition is liable to be allowed.
Upon hearing counsel for the parties and upon perusal of the record, this Court does not consider it expedient to interfere because the order impugned, is an order of remand, in pursuance whereof, petitioner still has every opportunity of canvassing his claim both on facts and on law. It is also open for him to raise all pleas that are being raised by way of this petition before Tehsildar who may consider the same and decide the matter afresh as has been directed by the impugned order.
Accordingly, in view of what has been stated above, this writ petition fails and is dismissed.
Order Date :- 9.6.2020 AKT