SAUDAGAR RAJBHAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Rohit Kumar Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State Respondent Nos. 1 to 3. Shri Bhupendra Kumar Tripathi, learned counsel, who has put in appearance for the Respondent No. 4.

(2.) The instant writ petition arises out of proceedings undertaken under Sec. 67 of the U.P. Revenue Code, 2006 and is directed against the order dtd. 30/1/2024 passed by the Respondent No. 2, Additional District Magistrate (Finance and Revenue)/Additional Collector, Ghazipur in Restoration Application in Case No. 72 of 2024 (Saudagar v. Gaon Sabha), under Sec. 67(5) of the U.P. Revenue Code, 2006 and order dtd. 5/1/2024 passed by the Respondent No. 3, Tehsildar (Judicial)/ Assistant Collector 1st Class, Tehsil Mohammadabad, District Ghazipur in Case No. 1707 of 2023 (Saudagar v. Gaon Sabha and others), under Sec. 67 (5) of U.P. Revenue Code, 2006 as well as order dtd. 19/5/2022 passed by Respondent No. 3, Tehsildar (Judicial)/Assistant Collector 1st Class, Tehsil Mohammadabad, Ghazipur in Case No. 4549 of 2021 (Gaon Sabha v. Saudagar), under Sec. 67 of U.P. Revenue Code, 2006.

(3.) It is the case of the petitioner that petitioner had constructed house in the year 1985 in the small area of Gata No. 399/0.005 hectare situated at Village Nevada, Pargana Zahurabad, Tehsil Mohammadabad, District Ghazipur and his family is residing in the said house. No notice was ever served to the petitioner and ex-parte order of eviction was passed. The statement of the concerned Lekhpal was recorded on 6/5/2022 wherein he has stated that the Gata No. 399 area 0.1260 hectare was register in the revenue record as "Jungle" land. The Tehsildar (Judicial) Mohammadabad, Ghazipur vide order dtd. 19/5/2022 passed the order of eviction and also imposed penalty to the tune of Rs.4,100.00. Against the said order, the petitioner had filed the restoration application along with Sec. 5 of Limitation Act for recalling of the ex-parte order dtd. 19/5/2022, which was also rejected.