ARVIND KUMAR Vs. COLLECTOR, BAHRAICH

JUDGEMENT

(1.) Heard.

(2.) The instant petition has been filed with the following main reliefs:-

(3.) Learned counsel for the petitioner submits that the petitioner never encroached any property of the Gaon Sabha, deliberately. He added that once the fact was brought into the knowledge of the petitioner, after demarcation of the land in question, the petitioner has removed the alleged unlawful possession over the land, i.e., Gata No. 184 bearing area 0.001 hectare; on 9/12/2023. In support of his contention, he has placed a report of Revenue Lekhpal dtd. 30/5/2022 and pointed out that report itself is evident to show that the petitioner has removed the possession over the land in dispute. He added that the petitioner is a poor farmer and he never intended to have unlawful possession over the land in question of the Gaon Sabha and as soon as this fact was brought in the knowledge of the petitioner, he has removed the possession over the land. He further added that while passing the order dtd. 26/7/2021, an amount of Rs.18,000.00 has been imposed over the petitioner as compensation, though, the said possession was never deliberate and thus the aforesaid fine/ compensation may be waived off. He further added that interest of justice would be sub-served if this Hon'ble Court may be pleased to set aside the part of the order dtd. 26/7/2021 which imposes compensation.