Allahabad High Court
Deen Mohammad vs State Of U.P. Thru. Collector Amethi And ... on 13 December, 2022
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 17 Case :- WRIT - C No. - 8920 of 2022 Petitioner :- Deen Mohammad Respondent :- State Of U.P. Thru. Collector Amethi And 2 Others Counsel for Petitioner :- Arvind Kumar Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J.
The present writ petition has been preferred for quashing of the impugned order dated 04.08.2022 passed under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'the Code, 2006') and the consequential order of recovery dated 06.09.2022.
Learned counsel for the petitioner has submitted that the proceedings were initiated the petitioner under Section 67(1) of the Code, 2006 by treating that the petitioner has constructed the house on the land belonging to Gram Sabha whereas for the same house, the proceedings were initiated under Section 122-B of the U.P.Z.A & L.R. Act, 1950 (hereinafter referred to as 'the Act, 1950') against father of the petitioner on the report of the Lekhpal dated 15.01.1998 and the Tehsildar/Assistant Collector had passed an order that the land was allotted to the father of the petitioner- late Naseer (since dead) and on the basis of that allotment, he is in the possession of the said land and until and unless that the allotment is not cancelled by the competent court till then, the proceedings for eviction cannot be initiated against father of the petitioner- late Naseer (since dead) and since then the petitioner is in continuous possession.
It is further submitted that on the report of the Lekhpal dated 25.06.2022, the Tehsildar has registered a case against the petitioner under Section 67 of the Code, 2006 and decided the same ex-parte vide order dated 04.08.2022 and the recovery citation has also been issued.
It is further submitted that against the ex-parte order dated 04.08.2022, the petitioner has preferred a recall application dated 04.08.2022, which is pending before the Tehsildar and no orders have been passed till then. It is further submitted that till the disposal of recall application, the petitioner shall not be evicted and recovery shall not be made in pursuance of the ex-parte order dated 04.08.2022 & 06.09.2022.
On the other hand, learned standing counsel and learned counsel for the Land Management Committee i.e. opposite party no. 3 have submitted that the notice was issued to the petitioner.
Considering the submissions raised by learned counsel for the parties and going through the record, it is found that earlier the proceedings under Section 122-B of the Act, 1950 was initiated against the father of the petitioner for the same house, for which the proceedings under Section 67 of the Code, 2006 was initiated against the petitioner. The proceedings under Section 122-B of the Act, 1950 was dropped by the Tehsildar vide its order dated 14.07.2000 and the petitioner is in continuous possession of the house as mentioned in the order dated 14.07.2000 that the land was allotted in favour of the father of the petitioner- late Naseer on which the house was constructed.
In view of the discussions made hereinabove, the present writ petition is disposed of with a direction to the Tehsildar, Gauriganj, District Amethi i.e. opposite party no. 2 to decide the recall application preferred by the petitioner against the ex-parte order dated 04.08.2022 within a period of two months from today and till disposal of the recall application, no action shall be taken in pursuance of the order dated 04.08.2022 and 06.09.2022 against the petitioner.
It is clarified that the Tehsildar, Gauriganj, District Amethi shall not grant any unnecessary adjournment to either of the parties.
Order Date :- 13.12.2022 Jyoti/-