LAWS(ALL)-2019-5-526

OMVEER Vs. STATE OF U.P. AND ORS.

Decided On May 08, 2019
OMVEER Appellant
V/S
State of U.P. and Ors. Respondents

JUDGEMENT

(1.) Learned Counsel for the petitioner is permitted to implead District agistrate/Collector, Bulandshahr as respondent No. 5 in the array of the parties during the course of the day. Order on Writ Petition: Supplementary affidavit filed today is taken on record. Heard Sri Ram Kishore Pandey, learned Counsel for the petitioner and Sri Dalbir Singh, learned Standing Counsel. According to the case of the petitioner, he has purchased a house in the year 1972 through sale-deed from one Harbhajan and is in possession of the said house since the time of purchase of the house, temporary (kuccha) construction was existing in the plot. Later on petitioner got a permanent construction over it. It appears that on a report of Revenue Inspector dtd. 18/10/2016 a proceeding under Sec. 67-1 of the U.P. Revenue Code, 2006 has been initiated against the petitioner and consequently, a notice was issued to the petitioner.

(2.) In response of the said notice, petitioner submitted a reply stating therein that he had purchased the house in the year 1972 and since then he is in possession. He has categorically denied the fact that he is in possession over a land on which a pond exists. The case was registered as case No. T2016111717014006 before Tehsildar (Judicial)/Assistant Collector (1st Class) District Bulandshahr-respondent No. 3.

(3.) It appears that the arguments were concluded in the aforesaid case on 26/12/2017 and the concerned officer respondent No. 3 fixed 8/1/2018 for delivery of judgment. On 8/1/2018 the respondent No. 3 did not deliver the judgment and the matter was fixed for 10/1/2018 for delivery of the judgment.