ABDUL GAFFAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Farooq Ahmad, learned counsel for the petitioner, learned Standing counsel on behalf of respondent Nos. 1, 2 and 3 and Sri Dilip Kumar Pandey for respondent No.4- Gaon Sabha.

(2.) By the impugned order dtd. 8/12/2023 the Tehsildar/ Assistant Collector, Sandila, District Hardoi has lodged the proceedings under Sec. 67-A of the U.P. Revenue Code, 2006 (hereinafter referred to as 'Code'.) has directed the eviction of the petitioner from disputed parcel of land after imposing damages and other charges. The petitioner fared no better before the appellate court which by the impugned order dtd. 26/12/2024 has affirmed the judgment of the court of first instance and rejected his appeal.

(3.) The proceedings for eviction of the petitioner under Sec. 67-A of the Code for illegally encroaching upon gram panchayat land were taken out by issuance of a show-cause notice and registering Case No. 410 of 2017. The petitioner tendered a reply to the show-cause notice stating that as per the report of the Lekhpal the disputed construction is now 35 years' old and accordingly the petitioner submits that in light of the aforesaid report the petitioner is entitled to the benefit of Sec. 67-A of the Code.