ASGAR Vs. STATE OF U. P.

JUDGEMENT

(1.) By the impugned order dated 30.10.2019 the Tehsildar/ Assistant Collector First Division has lodged the proceedings under Section 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as 'Code'.) has directed the eviction of the petitioner from disputed parcel of land after imposing damages and other charges. The petitioner fared no better before the appellate court which by the impugned order dated 14.10.2020 has affirmed the judgment of the court of first instance and rejected his appeal.

(2.) The proceedings for eviction of the petitioner under Section 67 of the Code for illegally encroaching upon gram panchayat land were taken out by issuance of a show cause notice and registering Case No. 59 of 2019 Computerized Case No. 201909550101867. The petitioner tendered a reply to the show cause notice stating that he had erected his house on the disputed parcel of land. It is the sole dwelling unit of his family. Similar objections were taken by the petitioner before the appellate authority in the memo of appeal. The petitioner claimed that he was was entitled to the benefit of Section 67 (a) Code.

(3.) Adverting to the eligibility of the petitioner for protection under Section 67 (a) of the Code and the rights purportedly accruing to him thereunder, the appellate court held that it was open to the petitioner to take out proceedings under Section 67 (a) of the Code for grant of appropriate relief as claimed by him. After noticing the aforesaid facts, the appellate court agreed with the judgment of the trial court and dismissed the appeal. The trial court did not return any finding on this issue.