HARVIR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sanjay Yadav, learned counsel for the petitioner, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-Respondent Nos. 1, 2, and 3, and Mr. Sunil Kumar Singh, learned counsel for respondent No. 4/Gaon Sabha.

(2.) The brief facts of the case are that Plot No. 452-ka area 0.4680 hectare is recorded as Dahar Class 6 (1) Category submerged land, plot No. 452-kha area. 0.8860 hectare is recorded as Banjar and plot No. 452-ga area 0.7080 hectare is recorded as Pond Class 6 (1) Category submerged land in the revenue record. The aforementioned lands are situated in Village-Karauli Bangar, Pargana and Tehsil-Jewar and District-Gautambudh Nagar. It is further mentioned in the petition that private respondent Nos. 5 to 12 have illegally raised construction in the October 2018 passed by respondent No. 3 in Case No. 00174/2018 (Computerized Case No. T 201811270300174) Gram Sabha v. Udaivir and others, under Sec. 67 of Uttar Pradesh Revenue Code 2006, Mauja- Karauli Bangar, Pargana and Tehsil- Jevar, District-Gautam Budh Nagar.

(3.) This court has directed the learned Standing Counsel to obtain instruction in the matter vide order dtd. 3/12/2018. After receiving the instruction, this Court by subsequent order dtd. 10/1/2019, directing the Collector Gautam Bhud Nagar to file a personal affidavit as well as counter-affidavit in the matter.