MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Vineet Kumar Singh, Counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Sunil Kumar Singh, Counsel for respondent No. 4, Land Management Committee.

(2.) Brief facts of the case are that plot No. 682/745 area 0.0890 Hectare (old plot No. 576/6) situated at Village - Haldauni, Teshil - Dadri, District Gautam Buddh Nagar is recorded as abadi - class 6-2 and plot No. 684/746 area 0.2530 Hectare situated in the aforementioned village is recorded in the name of primary school, class 6-3. Copy of the khatauni has been annexed as Annexure No. 1 to the writ petition. Petitioner's father initiated proceeding under Sec. 9-A(2) of the U.P.C.H. Act in respect to disputed plot No. 684/746 with the prayer that the same may be recorded as abadi in the place of banjar, however, dispute has been decided against the petitioner's father but review application filed on behalf of the petitioner is pending before this Court against the judgment of Writ Court. Another proceeding u/s 28 of the U.P. Land Revenue Act, 1901 initiated the instance of the petitioner's father for correction of map is pending before the Revisional Court u/s 210 of the U.P. Revenue Code, 2006. One Public Interest Litigation No. 3515 of 2018 filed by Tahir Ali for removal of encroachment in respect to plot No. 684/746 area 0.2530 Hectare is pending before this Court. Proceeding u/s 67(1) of the U.P. Revenue Code, 2006 was initiated against the petitioner and his brothers in respect to plot No. 684/746 area 0.450 hectare and order for ejectment and damages has been passed on 7/7/2021 alleging to be ex parte against the petitioner and his brothers. Petitioner and his brothers challenged the order dtd. 7/7/2021 by way of restoration application which was rejected vide order dtd. 7/4/2022. Petitioner along with his brothers challenged the orders in appeal before the Collector which was allowed vide order dtd. 28/5/2022 on cost of Rs.15000.00 setting aside the order dtd. 7/7/2021 as well as 7/4/2021 and the matter was remanded back before the Tehsildar to decide the proceeding u/s 67(1) of the U.P. Revenue Code, 2006 afresh after giving opportunity of hearing to the parties. Petitioner and his brothers filed an application dated 19/20/8/2022 before Tehsildar regarding maintainability of the proceeding u/s 67(1) of the U.P. Revenue Code, 2006 as disputed plot is not Gram Panchayat property. Tehsildar, vide order dtd. 19/9/2022, rejected the application dated 19/20/8/2022 and fixed the case for evidence and hearing. Petitioner challenged the order dtd. 19/9/2022 in appeal u/s 67(5) of the U.P. Revenue Code, 2006 which has been dismissed by Additional District Magistrate, vide order dtd. 10/10/2023. Hence, this writ petition for following relief :-

(3.) It is also material fact that petitioner has also instituted a Civil Suit No. 2225 of 2019 impleading State of U.P., UpZila Adhikari, Tehsildar, Land Management Committee as well as Basic Shiksha Adhikari as defendants in respect to plot No. 682/745 area 0.0890 hectare for declaration that plaintiffs be declared owner of abadi situated in plot No. 682/745 area 0.0890 hectare as well as for permanent injunction restraining the defendant from interfering with the peaceful possession of the petitioner in respect to plot No. 682/745 in the garb of primary school situated in plot No. 684/746. Civil Judge, vide order dtd. 24/12/2020, granted interim injunction with regard to suit property to maintain status quo which is still in operation.