Rakesh Kumar Pathak vs State of U. P. - 2023 Supreme(All) 2715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2715

SAURABH SRIVASTAVA
Rakesh Kumar Pathak – Appellant
Versus
State of U. P. – Respondent

Advocates appeared:
For the Petitioner:Jagat Narayan Mishra, Advocate.
For the Respondent: C.S.C., Achal Singh.

JUDGMENT

Saurabh Srivastava, J.

Heard Shri Jagat Narayan Mishra, learned counsel for the petitioner and learned Standing Counsel for the State respondents as well as Sri Achal Singh, learned counsel for the respondent no.4.

2. The impugned order dated 10.06.2022 passed by the respondent No.3, Tehsildar, Sadar- Banda, District-Banda, rendered in proceedings registered as Computerized Case No. T201807110100721, under Section 67 (5) 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 15.05.2023 agreed with the findings of the learned trial court-Tehsildar, Sadar- Banda, District-Banda, and affirmed its order dated 10.06.2022.

4. Shri Jagat Narayan Mishra, learned counsel for the petitioner contended that the defence of Section 67A of the U.P. Revenue Code, 2006 taken by the petitioner, was not adverted to by both the courts concerned. F