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2021 Supreme(All) 810

AJAY BHANOT
Govind Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Harish Chandra Mishra
For the Respondent: C.S.C., Deepak Gaur

JUDGMENT :

1. Heard Shri Harish Chandra Mishra, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Deepak Gaur, learned counsel for the Gaon Sabha.

2. The impugned order dated 30.11.2018 passed by the respondent No.3-Tehsildar/Assistant Collector 1st Class, Tehsil-Moth, District-Jhansi, rendered in proceedings registered as Case No.T201806370201602 (Gaon Sabha Vs. Govind Singh) under Section 67 of the Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as the 'Code'), finds that the petitioner had illegally encroached over the disputed parcels of land, and accordingly it was directed that the petitioner be evicted from the disputed parcel of land. Damages and other charges were also imposed upon the petitioner.

3. The learned trial court in the impugned order dated 30.11.2018 has noticed that the Lekhpal in his cross examination had admitted that the disputed parcels of land were not demarcated and the house appeared to be of old vintage.

4. The learned appellate court/Additional Collector (Judicial), Jhansi by the impugned order dated 30.06.2021 agreed with the findings of the learned trial court/Tehsildar/Assistant Collector 1st Class

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