SURESH Vs. STATE OF U.P.

JUDGEMENT

(1.) NOTICE on behalf of respondents -1 to 3 has been accepted by the Chief Standing Counsel and on behalf of respondents has been accepted by Sri Anuj Kumar. In view of the facts of the case, the Standing Counsel do not propose to file any counter affidavit. With the consent of the parties the writ petition is decided finally.

(2.) THE writ petition has been filed against the order of the Assistant Collector dated 8.11.2013 in the proceeding under section 122 -B of U.P. Act No. 1 of 1951 and the order of the Collector dated 23.1.2014 passed in the revision filed by the petitioner.

(3.) THE Counsel for the petitioner submits that admittedly major portion of plot No. 1544 is recorded as old abadi and only an area of 0.300 hectare of the plot is left as khalihan. Therefore, in order to say that the petitioner has encroached upon the land of khalihan the revenue authorities are required to make a survey on the spot. It is only on the basis of the report of Lekhpal, location of khalihan as well as abadi cannot be decided. The statement of Lekhpal without survey and measurement on the spot is not sufficient. In such circumstances the order directing demolition of the house of the petitioner is illegal and will cause a grave and irreparable loss to him.