MOHAN LAL SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) These bunch of writ petitions arise out of proceedings initiated under Sec. 67 of U.P. Revenue Code, 2006 (hereinafter referred as the 'Code of 2006') for evicting petitioners from the land of Gaon Sabha. The order passed under Sec. 67 (1) of the Code of 2006 was subjected to appeal under Sec. 67 (5) which confirmed the order of eviction leading to filing of the present writ petitions.

(2.) The issue raised in all the connected matters are one and the same and related to the same village and, as such, all the matter have been tagged together and with the consent of learned counsel for the parties all the writ petitions are being heard together and decided by a common judgment/order.

(3.) Facts, in brief, of the leading writ petition being Writ-C No. 719 of 2022, are that dispute relates to old Khasra No. 137, which has been renumbered in consolidation proceedings as Khasra No. 1275 situated in Village Bhaluhi Madari Patti, Tappa Mainpur, Pargana Sidhua Jobna, Tehsil Kasaya, District Kushinagar. Petitioners claim the land to be of abadi nature and in possession since the time of their ancestors. After the enforcement of U.P. Act No. 1 of 1952 (U.P.Z.A. and L.R. Act 1950) the abadi site stood settled with the petitioners. A show cause notice in RC Form 20 under Rule 67 (2) of U.P. Revenue Code Rules, 2016 (hereinafter referred as the 'Rules of 2016') was issued but no objections were filed nor petitioners appeared before the court of Assistant Collector/Tehsildar, consequently, an order was passed for eviction on 3/12/2020 and also imposing the damages amounting to Rs.3,28,500.00 for unauthorized occupation of land in question.