CHIRAUNJI LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Madan. Gopal. Misra, learned counsel for the petitioner, Shri Hemant Pandey, learned standing Counsel for the State-respondents and the learned counsel Shri Dilip Kumar Pandey for Gram Panchayat.

(2.) Under challenge is the order dtd. 16/5/2023 passed by the respondent No. 4 imposing penalty of Rs.40,000.00 for 0.0009 hectares land of Gata No. 502, situate at village Hulaskheda, Pargana and Tahsil Mohanlalganj, District Lucknow, holding that the petitioner has illegally encroached upon the vacant land. i.e. Gata No. 502 measuring 0.0009 hectares of total 0.076 hectares. The said order was assailed in appeal under Sec. 67(5) of the U.P. Revenue Code, 2006 and the appeal has been dismissed by the respondent No. 3 by means of order dtd. 29/1/2024.

(3.) It is submitted that on the complaint of Gram Samaj, respondent No. 4 served a notice to the petitioner alleging encroachment of land bearing Gata No. 502, situated at the aforesaid village. The petitioner submitted reply to the aforesaid notice, denying the allegations of encroachment on any part of land in question and submitted written reply before the respondent No.4. The respondent No. 4 did not consider the reply submitted by the petitioner and passed order dtd. 16/5/2023 imposing penalty of Rs.40,000.00 for 0.009 hectare of Gata No. 502 while the same court has imposed penalty of Rs.23,883.00 has been imposed for 0.084 hectares land situated in the same village decided by means of non-speaking order dtd. 18/1/2024, which is discriminatory, illegal and arbitrary.