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2018 DIGILAW 1739 (ALL)

Vishwani Mishra @ Gaurav Mishra v. State of U. P.

2018-08-07

SALIL KUMAR RAI

body2018
JUDGMENT : SALIL KUMAR RAI, J. 1. In pursuance to the order dated 26.7.2018 passed by this Court, the learned Standing Counsel has received instructions, which has been handed over to this Court and the same is taken on record. 2. The present writ petition has been filed praying for a writ of mandamus commanding the respondent revenue authorities to remove the alleged encroachments made by certain villagers over Plot No. 778 (area 0.0690 hectare) situated in Village-Nagala Gange, Mauja Bachhroi, Pargana-Bharthana, Tehsil-Takha, District-Etawah, which is recorded as pond in the revenue records. 3. An affidavit on behalf of respondent No. 3, i.e., Tehsildar, Tehsil-Takha, District-Etawah was filed by the Standing Counsel on 16.5.2018. It has been stated in paragraph No. 6 of the said affidavit that it was found that Shiv Charan, S/o Daya Ram, Puranmal, S/o Ram Prasad, Rupendra, S/o Late Ram Swaroop, Ram Vilas, S/o Gangadhar, Brindawan, S/o Ram Dulare and Sri Kishan, S/o Ram Prasad had encroached over the aforesaid plot. It has been stated in the said affidavit that the encroachers had constructed their houses over the Gaon Sabha plot. Vide order dated 26.7.2018 passed by this Court, the Standing Counsel was directed to seek instructions on whether action had been taken against the encroachers. 4. A perusal of the instructions shows that cases under Section 67 of the Uttar Pradesh Land Revenue Code, 2006 were registered in the court of Assistant Collector against Puranmal, Shiv Charan, Ram Vilas and Rupendra. Case No. T-201803220600102/05 was registered against Puranmal, Case No. T-201803220600101/04 was registered against Shiv Charan and Case No. T-201803220600103/06 was registered against Rupendra. Vide order dated 26.2.2018 passed by the Assistant Collector/Tehsildar, Tehsil-Takha in Case No. T-201803220600103/06 registered against Rupendra, noticee in the said case was directed to vacate the portion of Plot No. 778, which had been illegally occupied and vide orders dated 1.5.2018 passed by the Assistant Collector/Tehsildar, Tehsil-Takha in Case Nos. T-201803220600101/04 and T-201803220600102/05 Puranmal and Shiv Charan were asked to vacate the portion of aforesaid plot, which they had illegally occupied. The orders dated 1.5.2018 passed by the Assistant Collector/Tehsildar, Tehsil-Takha in Case Nos. T-201803220600101/04 and T-201803220600102/05 Puranmal and Shiv Charan were asked to vacate the portion of aforesaid plot, which they had illegally occupied. The orders dated 1.5.2018 passed by the Assistant Collector/Tehsildar, Tehsil-Takha in Case Nos. T-201803220600101/04 and T-201803220600102/05 were challenged by the noticee in the aforesaid cases by filing an appeal before the District Magistrate/Collector, Etawah under Section 67(5) of the Uttar Pradesh Revenue Code, 2006 and the appellate court vide its order dated 17.7.2018 set aside the orders dated 1.5.2018 passed by Assistant Collector/Tehsildar, Tehsil-Takha and directed the Assistant Collector to pass fresh orders in Case Nos. T-201803220600101/04 and T-201803220600102/05 after giving an opportunity of hearing to the noticee in the aforesaid cases. It has been stated in the instructions that 10.8.2018 is the next date fixed in Case Nos. T-201803220600101/04 and T-201803220600102/05. 5. After the order dated 26.2.2018 passed by the Assistant Collector/Tehsildar, Tehsil-Takha in Case No. T-201803220600103/06, Rupendra, i.e., the noticee in the aforesaid case filed a restoration application before the Assistant Collector on 1.8.2018, praying that the order dated 26.2.2018 be recalled and fresh orders be passed after giving an opportunity of hearing. It has been stated that the said restoration application is still pending consideration before the Assistant Collector. It has been further stated in the instructions that Case No. T-201803220601261 has been registered under Section 67 of the Uttar Pradesh Land Revenue Code, 2006 against Ram Vilas and notices have been issued to him in the aforesaid case on 6.8.2017.? 6. A comparison of the contents of the instructions handed over by the Standing Counsel and the contents of paragraph No. 6 of the affidavit filed on behalf of respondent No. 3 shows that no cases have been registered against Brindawan, S/o Dulare and Sri Kishan, S/o Ram Prasad. 7. Be that as it may, the Assistant Collector, Tehsil-Takha, i.e., respondent No. 3 is directed to decide the restoration application filed in Case No. T-201803220600103/06 within a period of 15 days from today and in case the aforesaid restoration application is allowed, the Assistant Collector shall decide Case No. T-201803220600103/06 within 30 days thereafter in accordance with law after giving an opportunity of hearing to the noticee. The Assistant Collector/Tehsildar, Tehsil-Takha is also directed to decide Case Nos. The Assistant Collector/Tehsildar, Tehsil-Takha is also directed to decide Case Nos. T-201803220600101/04 and T-201803220600102/05 in accordance with law after giving an opportunity of hearing to the noticee in the said cases within a period of two months from today. The Assistant Collector/Tehsildar, Tehsil-Takha is also directed to take appropriate steps under Section 67 of the Uttar Pradesh Land Revenue Code, 2006 against Brindawan, S/o Dulare and Sri Kishan, S/o Ram Prasad named in paragraph No. 6 of the affidavit referred above and complete the same within a period of two months from today. 8. List again on 12.10.2018, on which date the Standing Counsel shall inform the Court regarding the progress made in removal of encroachments over Plot No. 778.