SHYAM SUNDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Saryu Prasad Tiwari, learned counsel for the petitioner, learned Standing Counsel and Shri Govind Kumar Chaurasiya, Advocate holding brief of Shri Mohan Singh, learned counsel for the Gaon Sabha.

(2.) This petition has been filed challenging the order dtd. 2/1/2023 passed by the Tehsildar- Bhiti, District-Ambedkar Nagar by means of which the claim of the petitioner for settlement under Sec. 67-A(1) of the U.P. Revenue Code, 2006 on a part of Gata No. 1267-Kha, Min. 0.008 hec. and Gata No. 1268-Ga, Min. 0.011 hec. has been rejected and the order dtd. 17/4/2023 passed by the respondent No. 2/ Collector/District Magistrate, District-Ambedkar Nagar on appeal of the petitioner under Sec. 67(5) of the U.P. Revenue Code, 2006.

(3.) Submission of the learned counsel for the petitioner is that the petitioner is a landless labour and in possession of the Gata No. 1267-Kha, Min. 0.008 hec. and Gata No. 1268-Ga, Min. 0.011 hec. and his toilet and boundary wall is erected on the said land since last 25 years. Initially it was in possession of his father and after he left the place it is in possession of the petitioner and he is living separately, therefore the application filed by the petitioner has wrongly and illegally been rejected and the appeal dismissed.