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2018 DIGILAW 376 (ALL)

SURESH CHANDRA v. STATE OF U. P.

2018-02-12

PANKAJ NAQVI

body2018
JUDGMENT Hon’ble Pankaj Naqvi, J.—Shri Abhishek Shukla and Shri Manoj Kumar Yadav, learned Standing Counsel for the respective respondents have stated that considering the nature of issue involved they do not propose to file any counter-affidavit, writ petition be disposed of finally at the admission stage. 2. Heard Shri Shibli Naseem, learned counsel for the petitioner and Shri Abhishek Shukla and Shri Manoj Kumar Yadav, learned Standing Counsel for the respective respondents. 3. This writ petition is preferred against the orders dated 7.6.2017 and 4.12.2017 ejecting the petitioner under Section 67 of the U.P. Revenue Code, 2006. 4. Proceedings under Section 67 of the U.P. Revenue Code (short the “Code”) were initiated against the petitioner on the basis of the report of the Lekhpal dated 16.1.2015 alleging that the petitioner had raised a permanent constructions in the last two years over the land in dispute, which was otherwise recorded as Navin Parti. Upon notice, petitioner filed his objections alleging himself to be a scheduled caste and a landless person whose father Dukhi Ram had constructed a house after obtaining sanction from the regulatory authority on 23.5.88 and since his death, petitioner is residing therein alongwith his family. 5. The Assistant Collector-I class/Tehsildar, Tahsil Sadar vide order dated 7.6.2017 directed for the eviction of the petitioner from the plot in dispute alongwith recovery of damages. The petitioner unsuccessfully challenged the order dated 7.6.2017 in revision on 4.12.2017. 6. The revisional authority was of the view that in the event petitioner wants to avail the benefit of Section 67-A of the Code, then he can do so by filing an appropriate suit. Section 67-A of the Code is extracted here: “67-A. Certain house sites to be settled with existing owners thereof.—(1) If any person referred to in sub-section (1) of Section 64 has built a house on any land referred to in Section 63 of this Code, not being land reserved for any public purpose, and such house exists on the November 29, 2012, the site of such house shall be held by the owner of the house on such terms and conditions as may be prescribed. (2) Where any person referred to in sub-section (1) of Section 64, has built a house on any land held by a tenure holder (not being a Government lessee) and such house exists on November 29, 2000, the site of such house, notwithstanding anything contained in this Code, be deemed to be settled with the owner of such house by the tenure holder on such terms and conditions as may be prescribed; Explanation.—For the purpose of sub-section (2), a house existing on November 29, 2000, on any land held by a tenure holder, shall, unless the contrary is proved, be presumed to have been built by the occupant thereof and where the occupants are members of one family by the head of that family.” 7. There is nothing in Section 67-A of the Code which contemplates that such a right can only be claimed if the person concerned files a suit. The orders reflect that the petitioner was claiming protection of Section 67-A of the Code on the basis of certain materials. To expect such a person to get his rights adjudicated by way of a separate suit so as to claim the benefit of Section 67-A would only promote multiplicity of proceedings which should be avoided. Learned Standing Counsel could not bring to notice of the Court any legal impediment in this regard. 8. In view of above discussion, the orders dated 7.6.2017 and 4.12.2017 are liable to be set aside/quashed. 9. The writ petition succeeds and is allowed. 10. The orders dated 7.6.2017 and 4.12.2017 are set aside/quashed. Respondent No. 3 is directed to decide the issue afresh in the light of the observations made above and in accordance with law, as expeditiously as possible. 11. It is made clear that this Court has not examined the merits of the entitlement of the petitioner under Section 67-A of the U.P. Revenue Code, 2006.