ANJANI KUMAR MISHRA
Hori Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
1. Heard Shri Narendra Bhushan Nigam, learned Counsel for the petitioners and Shri Deepak Kashinath Dubey for the caveator, respondent No. 4.
2. The writ petition arises out of proceedings under section 26 of the U.P. Revenue Code, 2006 initiated by the respondents for removal of the constructions over a rasta and seeks a writ of certiorari for quashing the order dated 23.6.2018 passed by the Tehsildar, respondent No. 3 directing removal of encroachment by petitioner with the help of police force and the order dated 19.6.2019 passed by the Sub Divisional Magistrate, Mariyahu, respondent No. 2, whereby the consequential revision filed by the petitioner has been rejected.
3. Assailing the impugned orders, the contention of Counsel for the petitioners is that the land regarding which, proceedings for removal of obstructions was initiated, is land which was allotted to the petitioners during the consolidation operations being plot No. 256. It is also contended that a Civil Suit with regard to this land is pending consideration.
4. It is next submitted that the Re-visional Court made a spot inspection and recorded the statements of several persons behind th
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