SUBHASH CHANDRA PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Vyas Narayan Shukla, learned counsel for the petitioner as well as Shri Badrish Kumar Tripathi, learned Additional Chief Standing Counsel on behalf of respondents No. 1 to 3.

(2.) By means of the present petition, the petitioner has challenged the orders dtd. 9/4/2024 and 24/1/2025 passed by Assistant Collector First Class/ Tehsildar, Tehsil Sadar, District Raebareli wherein proceedings under Sec. 67 of the U.P. Revenue Code, he has passed orders for eviction and also assailed the order dtd. 17/4/2025 wherein the appeal preferred by the petitioner against the order of the Tehsildar has also been rejected.

(3.) It has been submitted by counsel for the petitioner that the allegations were made that the petitioner has been occupying 0.0070 hectare of land in Gata No. 3357 which is recorded as a Gaon Sabha land and consequently, a report of the Lekhpal was obtained. On the basis of the report, notice was sent to the petitioner, who did not appear or participate in the proceeding before the Tehsildar resulting in the order dtd. 9/4/2024 directing eviction of the petitioner from Gata No. 3357 and also imposing a penalty of ? 6,30,000/- along with costs of ? 1,000/-. Thereafter, the petitioner filed an application for recall stating that he had not received any notice and proceedings under Sec. 67 of the U.P. Revenue Code and submitted that though an inspection was carried out on 8/4/2024 but the petitioner was waiting for notice which he never received and when he went to the office of the Tehsildar, he came to know that the proceedings have already been concluded on 9/4/2024. In his application for recall, he has stated that the petitioner is in occupation only with regard to his holdings at Gata No. 3354, Gram Sabha, Korihar and denied any illegal occupation upon the Gaon Sabha land. On the application for recall, the Tehsildar, Sadar, Raebareli duly considered all the objections raised by the petitioner and found that it is on the basis of the report submitted on 8/4/2024 by the Revenue authority and the Consolidation Authorities, who had visited and made a spot inspection that the petitioner has encroached upon Gaon Sabha land and it is only pursuant to the said report that the proceedings were initiated where the petitioner was found to be illegal occupation on Gata No. 3357.