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2024 DIGILAW 2039 (ALL)

Mukesh Pachauri v. State Of UP

2024-09-10

YOGENDRA KUMAR SRIVASTAVA

body2024
JUDGMENT : Yogendra Kumar Srivastava, J. 1. Heard Sri K.P.S. Yadav, learned Advocate holding brief of Sri Pradyumna Kumar Yadav, learned counsel for the petitioner, Sri J.N. Maurya, learned Chief Standing Counsel appearing along with Sri Abhishek Shukla, learned Additional Chief Standing Counsel, for the State-respondents and Sri Krishna Kant Singh, learned counsel representing the respondent Gram Sabha. 2. The present petition has been filed seeking to assail a notice dated 09.01.2024 issued by the respondent No. 4, the Tehsildar, Khair, District Aligarh, in R.C. Form20, under Section 67(2) of Uttar Pradesh Revenue Code, 2006[the Revenue Code]. 3. Contention of the counsel for the petitioner is that earlier proceedings under Section 122B of Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950[the Z.A. Act], had been initiated in the year 2012, against the petitioner's father, in respect of the same plot of land, which resulted in passing of an order dated 15.09.2012, by the Tehsildar, directing eviction and payment of compensation. 4. The aforesaid order was subjected to challenge in a revision preferred by the Gram Sabha, under Section 122B(4A) of the Z.A. Act, which was decided by means of an order dated 27.03.2014, passed by the Additional Collector (Finance & Revenue), Aligarh, in terms of which the earlier order dated 15.09.2012 was set aside and the matter was remanded, for passing a fresh order, on merits. 5. It is sought to be asserted that the aforesaid case being pending, there is no occasion for initiating fresh proceedings by issuing a notice under Section 67(2) of the Revenue Code, in respect of the same plot of land. 6. Counsel for the State-respondents has pointed out that pursuant to the previous order, instructions dated 23.07.2024, have been received from Sub Divisional Magistrate, Khair, Aligarh, indicating therein that after remand by the revisional court, the proceedings which had been drawn under Section 122B of the Z.A. Act, against the father of the petitioner, could not be concluded since the petitioner's father had died, and an order dated 03.04.2023 was passed in terms of which the notice issued in Z.A. From 49A was withdrawn and a direction was issued to the Area Lekhpal and Revenue Inspector to carry out a spot inspection of the land in question being Gata No. 173 and to submit a report. 7. 7. It is submitted that since a fresh report has been submitted by the Area Lekhpal, on the basis of a spot inspection, indicating encroachments over the land in question, by the petitioner, proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006, have been initiated with the issuance of a statutory notice under R.C. Form-20. 8. It has been submitted that in a case where there is a report which indicates existence of encroachments, there is no bar to initiation of fresh proceedings under Section 67 of the Revenue Code, merely because the earlier proceedings had been dropped for same reason. 9. Accordingly, it has been contended that the statutory notice which has been issued, cannot be said to suffer from any want of jurisdiction, and a writ petition challenging the same, would not be entertainable, at this stage. 10. Section 67 of the Revenue Code provides power to prevent damage, misappropriation and wrongful occupation of Gram Panchayat properties. 11. Where any property entrusted or deemed to be entrusted to a Gram Panchayat or other local authority is damaged or misappropriated, or where any Gram Panchayat or other authority is entitled to take possession of any land under the provisions of the Revenue Code and such land is occupied otherwise than in accordance with the provisions of the Revenue Code, the Bhumi Prabandhak Samiti or other authority or the Lekhpal concerned, as the case may be, are required to inform the Assistant Collector concerned in R.C. Form – 19. 12. The Assistant Collector from the information received or otherwise coming to his knowledge as to damage, misappropriation or wrongful occupation of Gram Sabha property, is required to initiate action by issuing a notice under Section 67(2) of the Revenue Code to the person concerned in R.C. Form– 20. The notice which is to be issued is for showing cause, as to why compensation for damage, misappropriation or wrongful occupation, be not recovered, and the person concerned be not evicted from the land in question. 13. In the instant case the Area Lekhpal having submitted a report on the basis of a spot inspection indicating encroachments over the land in question, by the petitioner, the Assistant Collector, in exercise of powers under Section 67(2) of the Revenue Code, has issued a notice to the petitioner to show cause, in the prescribed R.C. Form–20. 14. 13. In the instant case the Area Lekhpal having submitted a report on the basis of a spot inspection indicating encroachments over the land in question, by the petitioner, the Assistant Collector, in exercise of powers under Section 67(2) of the Revenue Code, has issued a notice to the petitioner to show cause, in the prescribed R.C. Form–20. 14. The earlier proceedings, under Section 122B of the Z.A. Act, drawn against the petitioner's father, having been dropped upon his death, and there being no adjudication on merits, and the fresh report submitted by the Area Lekhpal, on the basis of a spot inspection, being indicative of encroachments over the land in question by the petitioner, there would be no bar to initiation of fresh proceedings under Section 67 of the Revenue Code. 15. Counsel for the petitioner has not been able to point out any patent illegality or lack of jurisdiction in issuance of the notice by the Assistant Collector. 16. Learned counsel for the petitioner states that as the petitioner has already filed his objections, he does not wish to press the petition, and that the petitioner would contest the proceedings before the concerned respondent authority. 17. The petition stands disposed of accordingly.