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2021 Supreme(All) 40

SANGEETA CHANDRA
C/M Ramnidhi Vidyalaya Thru Manager Ram Niranjan – Appellant
Versus
State Of U. P. Thru Prin. Secy. Revenue – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Gopal Pandey
For the Respondent: C.S.C., Akash Shukla, Azad Khan, Dilip Kumar Pandey

JUDGMENT :

1. Heard learned counsel for the petitioner and Sri Dileep Kumar Pandey, learned counsel for the Gaon Sabha.

2. This petition has been filed challenging the order dated 08.12.2020 passed by the District Magistrate/Collector, District Ayodhya and the order dated 26.08.2020 passed by the Tehsildar, Milkipur, District Ayodhya, by which proceedings under Section 67 of the U.P. Revenue Code were finalized against the petitioner and he was found to have encroached upon the Gaon Sabha land for public utility, namely, Gata No.3065 min. ad-measuring 0.073 hectare situated in Village Kotia Tehsil Milkipur, District Ayodhya and has been asked to deposit Rs.6,20,50,000/-for unauthorized occupation and utilization of Gaon Sabha public utility land and also to pay Rs.5,000/-as execution expenses.

3. It is the case of the petitioner that the petitioner had bought adjoining land of Gata No.3068 ad-measuring 0.0126 hectare situated in the same village from its recorded tenure holder through a sale deed in 2007 and constructed Sri Ramnidhi Smriti Shiksha Niketan Madhyamik Vidyalaya over it. On the other side of the road between Gata No.3068 and Gata No.3065, is banjar land recorded in the na

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