MATA PRASAD MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rajan Mishra, Advocate, holding brief of Shri Manoj Kumar Dwivedi, learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 to 6 as well as Shri Mohan Singh, learned counsel for the respondent no. 7.

(2.) The instant writ petition has been filed praying for quashing of the letter dtd. 21/4/2022 passed by the Sub Divisional Magistrate, Kadipur, District Sultanpur, order dtd. 1/1/2022 passed by the District Magistrate, Sultanpur and the order dtd. 23/2/2021 and 21/6/2021 passed by the Sub Divisional Magistrate, Kadipur, copies of which are annexures 1 to 3 to the petition. A further prayer is for a writ of mandamus commanding the respondents to pay compensation for illegal demolition of the petitioners' constructed house and for an independent inquiry against the respondents no. 8 to 11 for taking departmental action.

(3.) The case set forth by the petitioner is that initially the proceedings under Sec. 67 of the U.P. Revenue Code 2006 (hereinafter referred to as Code 2006) were initiated against him on the ground of he having encroached part of land bearing Gata No. 1751 which was indicated as road in the revenue records. The authority concerned found the encroachment having been made by the petitioner and consequently passed the order dtd. 23/2/2021, a copy of which is annexure 3 to the petition. The petitioner filed an application for recall contending that it is an ex-parte order which was rejected vide order dtd. 21/6/2021, a copy of which is part of annexure 3 to the petition. The petitioner was directed to remove his encroachment which has been indicated to be house over the land in dispute. The petitioner filed an appeal under the provisions of Sec. 67(5) of the Code 2006 and the same has also been rejected vide order dtd. 1/1/2022.