HARVEER Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Jayant Prakash Singh, learned counsel for the petitioner, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri Ankur Tandon, learned counsel for the respondent no.1 and Shri Rajeshwar Tripathi, learned Standing Counsel for the respondent nos.2 to 7.

(2.) This matter is being heard since 1/3/2023. Despite demarcation report dtd. 30/5/2022 submitted by revenue authorities after demarcation, the police authorities of Police Station- Hazratnagar Garhi, Tehsil and District- Sambhal have not vacated their illegal and unauthorized possession from the land of the petitioner and other land owners of Khasra Plot Nos. 275, 277 and 278. Consequently, this Court passed orders dtd. 18/4/2023, 2/5/2023 and 23/5/2023 requiring the respondents to file counter affidavits/personal affidavits and respond to the allegations of the petitioner of threats to him by the local police to implicate him in false case and to demolish his construction. Thereafter, referring to the aforesaid orders dtd. 1/3/2023, 18/4/2023, 2/5/2023 and 23/5/2023, this Court passed a detailed order dtd. 24/5/2023 incorporating the facts and circumstances, evidences and admitted case of the respondents that they encroached over 'bhoomidhari' land of individuals, of Khasra Plot No. 275 to the extent of 0.0385 hectare, Khasra Plot No. 277 measuring 0.161 hectare and Khasra Plot No. 278 measuring 0.016 hectare, as evident from the report of tehsil authorities appearing at page no.18 of the counter affidavit of the respondent no.3 dtd. 29/4/2023. Paragraphs no.4 to 12 of the order dtd. 24/5/2023 passed by this Court incorporating the facts and evidences on record, are reproduced below:

(3.) Pursuant to our order dtd. 24/5/2023, the respondent nos.1 and 2 have filed today exemption applications alongwith affidavits. Shri P.C. Meena, Additional Director General of Police, Bareilly Zone, Shri Manish Bansal, District Magistrate, Sambhal, Shri Chakresh Mishra, Superintendent of Police, Sambhal and Shri Vinod Kumar Mishra, Station House Officer, P.S.-Hazratnagar Garhi, Sambhal are personally present in Court. The respondent nos.1, 2, 3, 4 and 7 have also filed their affidavits. All the affidavits are taken on record. In paragraph nos.4 and 5 of the affidavit accompanying the exemption application, the respondent nos.1 has stated as under: