UPENDRA SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Dr. Akhilesh Kumar, Counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Avinash Chandra Srivastava for respondent No. 4, Land Management Committee.

(2.) The instant petition has been filed for quashing the order dtd. 20/9/2022 passed by respondent No. 2, Additional Collector (Administration), Agra in case No. 02220 of 2021 as well as the orders dtd. 19/9/2020 and 15/2/2021 passed by respondent No. 3 in case No. 3699 of 2019.

(3.) Counsel for the petitioner submitted that proceeding under Sec. 67(1) of the U.P. Revenue Code, 2006 has been initiated against the petitioner and the order for ejectment and damages has been passed in ex-parte manner. He submitted that against the order for ejectment and damages, petitioner filed a restoration application on 28/11/2020 which was rejected by the Tehsildar vide order dtd. 15/2/2021 without considering the case set up by the petitioner in the restoration application. He further submitted that appeal filed by petitioner under Sec. 67(5) of the U.P. Revenue Code, 2006 has also been dismissed in the arbitrary manner without considering the point set up in the appeal and argued before the Appeal Court. Counsel for the petitioner further submitted that petitioner belongs to Scheduled Castes community and constructed the house about 50 years before. He further submitted that there is no any other accommodation available for the petitioner, as such, the order for ejectment and damages will cause irreparable injury to the petitioner. He further submitted that area of the plot No. 122 over the petitioner is in possession and raised construction is 100 square meter which can be settled in favour of the petitioner. He further submitted that impugned orders have been passed in ex-parte manner, as such, the impugned order be set aside and matter be sent back to the authority to reconsider the petitioner's case in accordance with the provisions contained under the U.P. Revenue Code and the Rules framed thereunder.