MAHESH KUMAR AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) Instant petition has been filed praying for quashing of the order dtd. 30/12/2021 passed by the Assistant Collector/Tehsildar, Sitapur, a copy of which is Annexure-4 to the petition, by which the petitioner has been held to be encroacher and a penalty of Rs.5,40,200.00 has been imposed upon the petitioner and recovery proceedings have been directed to be initiated against the petitioner. Also under challenge is the order dtd. 10/6/2022, a copy of which is Annexure-7 to the petition, passed by the Collector, Sitapur, on an appeal filed under Sec. 67(5) of the Code, 2006, by which the penalty amount has been reduced.

(3.) Learned counsel for the petitioner contends that the proceedings under Sec. 67 of the U.P. Revenue Code, 2006 (hereinafter referred to as the 'Code, 2006') read with Rule 67 of the U.P. Revenue Code Rules, 2016 (hereinafter referred to as the 'Rules, 2016') were initiated against the petitioner. The petitioner did not receive any notice with the result that the authority concerned passed an ex-parte order and the petitioner was held to have encroached upon the land bearing Gata No.474 on an area 0.073 hectares out of 0.102 hectares.