Shobhit vs State of U. P. - 2023 Supreme(All) 2717

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2717

SAURABH SRIVASTAVA
Shobhit – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner:Ganesh Pratap Singh, Advocate.
For the Respondent: C.S.C., Bhupendra Kumar Tripathi.

JUDGMENT

Saurabh Srivastava, J.

Heard Shri Ganesh Pratap Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondents as well as Sri Bhupendra Kumar Tripathi, learned counsel for the respondent no.4.

2. The impugned order dated 11.02.2022 passed by the respondent No.3, Assistant Collector/Tehsildar, Tehsil- Sadar, District-Ghazipur, rendered in proceedings registered as Computerized Case No. T201814291002148, 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 petitioners be evicted from the disputed parcel of land. Damages and other charges were also imposed upon the petitioner.

3. The learned Appellate Court, respondent no.2, by the impugned order dated 07.10.2022 agreed with the findings of the learned trial court-Assistant Collector/Tehsildar, Sadar, District- Ghazipur, and affirmed its order dated 11.02.2022.

4. Shri Ganesh Pratap Singh, learned counsel for the petitioner contended that the defence of Section 67A of the U.P. Revenue Code, 2006 taken by the petitioner, wa