ABDUL RASHEED Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri S. K. Dwivedi, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Pankaj Gupta, learned counsel for the land management committee.

(2.) Under challenge is the order dtd. 18/1/2024 passed by the respondent No. 3 whereby an order has been passed under Sec. 67 of the U.P. Revenue Code, 2006 holding that the petitioner has encroached upon the chak-marg which is on gata No. 1011, measuring 0.003 hectares and an order of eviction has been passed coupled with imposing a sum of Rs.675.00 as damages and rupees 1,000 as recovery charges. 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. 2 by means of order dtd. 5/4/2024.

(3.) The submission of the learned counsel for the petitioner is primarily that the dispute which has been raised, has not been appropriately considered. It is submitted that the petitioner is the tenure holder of his bhumidhari land bearing No. 988 measuring 0.6940 hectares in village Mishrauliya, Pargana and Tehsil Ekauna, District Shrawasti.