HASEENA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Sanjay Kumar Pundir, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Addl. C.S.C. for the state-respondents and Mr. B.K. Singh Raghuvanshi, learned counsel for respondent no.6.

(2.) Brief facts of the case are that Khata No.151 Plot No.163 area 0-4-0 Biswa situated in Village- Bhuribans, Tehsil- Nakur, District- Saharanpur was recorded as banjar in the basic year khatauni of 1359 fasli. In the first consolidation operation commenced in the year 1967-68 New Plot No. 123 area 0-6-0 Biswa of Khata No. 115 was carved out from old Plot No. 163/2 of Khata No.151. According to petitioner, he belongs to OBC category caste 'teli' Muslim by religion and permanent resident of Village- Bhuribans being landless agricultural labourer living below poverty line. According to petitioners they have constructed pucca house with bricks and khaprail to its appurtenant land in area of 180 square meters and are in possession over the same for last more than 25-30 years however respondents are denying the petitioner's possession in any manner. Department of Telecommunications Government of India under the Universal Service Obligation Fund (USOF) has planned to provide connectivity in India's rural and remote area wherein BSNL has required co-operation from the Government of U.P. to provide land measuring in area 200 square meter free of cost in each village. On the basis of report dtd. 22/10/2022 submitted by Lekhpal, a letter dtd. 14/4/2023 has been issued to BSNL for installation of BSNL tower over Plot No.123 area 0.0300 hectare out of its total 0.0620 hectare. Tehsildar vide letter dtd. 30/6/2023 issued auction notice for cutting down the trees on Plot No.123 accordingly trees were cut down on 17/7/2023 in presence of revenue authorities. According to petitioners their house was demolished by the authorities on 22/7/2023 and started digging the ground to facilitate the installation of BSNL Tower. Hence this writ petition on behalf of petitioners for mandamus commanding the respondent authorities, Collector/District Magistrate Saharanpur to prevent the eviction of the petitioners' Pucca house built with bricks and 'khaprail' to its appurtenant land measuring in area about 180 sq.m. over Banjar land of Plot No.123 out of its total 0.0620 hectare ,existing since before 29/11/2012,more than 25-30 years back, as by operation of law under enactment of Sec. 67-A of U.P. Revenue Code, 2006, r/w Rule 68 of the U.P. Revenue Code Rules,2016 the site of said house shall be presumed to be held by owner and deemed to be settled with the occupant thereof, and thereby, the petitioners shall be treated to have been already perfected their perpetual rights and title over the same, and further the BSNL authorities maybe directed not be install the proposed tower over/within the premises of petitioners existing house on the proposed Plot No.123,situated in Village- Bhuribans, Tehsil-Nakur, District- Saharanpur, so that their constitutional rights guaranteed under Article 300A of the Constitution of India may be safeguarded, otherwise the petitioners' shall suffer irreparable loss and injury.

(3.) This court on 7/8/2023 passed the following order:-