Eviction proceedings under U.P. Revenue Code cannot proceed without proper land demarcation, and damages awarded must be based on a justified assessment.

JUDGMENT

Rajeev Misra, J.

Heard Mr. Saumitra, Advocate, holding brief of Mr. Rahul Sahai, the learned counsel for petitioners, the learned Standing Counsel for respondents-1,2,3 and Mr. Vijay Bhan Singh, Advocate, holding brief of Mr. R.P. Shukla, the learned counsel representing respondent-4.

2. Perused the record.

3. Challenge in this writ petition is to the order dated 20.6.2023, passed by respondent-3, Assistant Collector/Tehsildar, Ballia, in Case No.266 of 2023 (Gram Sabha v. Imtiyaz and Others) under Section 67 of U.P. Revenue Code, 2006 (Annexure-2 to the writ petition) as well as the order dated 13.10.2023, passed by respondent-2 District Magistrate/Collector, Ballia in Appeal No. 1102 of 2023 (Imtiyaz Ahmad and Others v. Gram Sabha Turtipar and Others) under Section 67 (5) of U.P. Revenue Code, 2006 (Annexure-1 to the writ petition), whereby aforesaid appeal filed by petitioners against the order dated 20.6.2023 has been dismissed.

4. At the very outset, learned Standing Counsel for state respondents-1,2,3 and Mr. Vijay Bhan Singh Advocate, holding brief of Mr. R.P. Shukla, the learned counsel representing respondent-4, Gaon Sabha submit that present writ petition may be disposed of finally on the basis of record without formally calling a counter affidavit. Learned counsel for petitioners has no objection to the same. Accordingly, this writ petition is being disposed of finally at the admission stage, with the consent of the learned counsel for parties and as provided under the Rules of Court.

5. Record shows that dispute relates to Survey Plot No. 609-Ga area 0.251 hectare situate in village Mauja Turtipara, Pargana Sikandarpur Garvi, District Ballia. The land in dispute is said to be a public utility land recorded in the name of Gaon Sabha. Therefore, Halka Lekhpal submitted its report dated 2.2.2023 (R.C. Form-19) alleging therein that petitioners are in illegal possession and occupation over Gaon Sabha land, therefore, they have caused damage to Gaon Sabha Land. After submission of aforesaid report, proceedings under Section 67 of U.P. Revenue Code 2006 came to be drawn against the petitioners in the Court of respondent-3-Assistant Collector/Tehsildar, Ballia. The same came to be registered as Case No. 266 of 2023 (Gram Sabha v. Imtiyaz and Others) under Section 67 of U.P. Revenue Code, 2006 .

6. A show cause notice (R.C. Form-20) was issued to the petitioners in terms of Section 67(2) of U.P. Revenue Code, 2006 asking them to show cause why an order of eviction be not passed against them for their eviction from the land in dispute and further why damages be also not imposed against petitioners for causing damage to Gaon Sabha Land. In response to the said show cause notice, the petitioners filed their detailed objection dated 27.5.2023 before respondent-3, Assistant Collector/Tehsildar, Ballia, disputing the contents of the notice as well as the report of Lekhpal.

7. Primarily the contention raised by petitioners before respondent-3 Assistant Collector/Tehsildar, Ballia was to the effect that since Survey Plot No. 609 is a minzumla plot, therefore, it comprises various sub plots. As such, in the absence of any partition of the same on the spot and its consequential independent representation in the map, no proceedings under section 67 of U.P. Revenue Code, can be initiated.

8. It was further contended on behalf of petitioners that since proceedings regarding correction of map are already pending, therefore, in view of above, proceedings under Section 67 of U.P. Revenue Code, 2006 cannot continue simultaneously.

9. However, irrespective of aforesaid objections, respondent-3 Assistant Collector/Tehsildar, Ballia, proceeded with the merits of the matter. He, recorded a finding that the map pertaining to Survey Plot No. 611 which was purchased by petitioners by means of registered sale deed has been measured and it is found that there is no error in the map. On the strength of above finding, he came to the conclusio