Ejectment orders must follow proper procedure, including adequate hearing and survey, and appeals should be decided on merits rather than technical grounds.

JUDGMENT :

(Chandra Kumar Rai, J.)

1. Learned Counsel for the petitioner is permitted to make necessary correction, in the array of the parties as well as in the prayer clause of the writ petition during the course of the day.

2. Heard Sri Ratan Kumar Mishra, learned counsel for the petitioner, Sri Hari Om Singh, learned standing counsel for the state-respondents and Sri Pradeep Singh, learned counsel for the respondent-gaon sabha.

3. Brief facts of the case are that order dated 17.3.2023 under Section 67 of the U.P. Revenue Code, 2006 was passed against the petitioner for ejectment in respect to plot no.1162, area 0.389 hect., treating the petitioner to be in possession over the plot in question as well as imposition of damages against the petitioner. Against the order dated 17.3.2023, petitioner filed an appeal under Section 67(5) on 17.6.2023 alongwith prayer for condonation of delay before the Collecter Bhadohi, which was dismissed for non-prosecution on 21.6.2024. Restoration application dated 19.7.2024 filed by petitioner against the order dated 21.6.2024 has not been allowed rather entire appeal has dismissed on the ground of limitation vide order dated 12.8.2024. Hence, the instant writ petition for the following relief:-

"to stay the effect and operation of the impugned order dated 21.6.2024 passed by the A.D.M. (Judicial), Bhadohi and order dated 17.3.2023, passed by the Tehsildar, Tehsil Gyanpur, District Bhadohi and further issue and ad interim mandamus, directing the respondents not to interfere in the peaceful possession of the petitioner over arazi no.1162, area 0.389 hect., situated in the village Baragaon, Tehsil Gyanpur, District Bhadohi during the pendency of the present writ petition before this Hon'ble Court."

4. Learned counsel for the petitioner submitted that against the order of dismissal of the appeal in default, restoration application was filed by the petitioner within limitation on 19.7.2024 but the Collector has passed the order, dismissing the appeal as time-barred appeal rather passing an order on the restoration application in accordance with law. He submitted that even on merit, the petitioner has taken objection that petitioner is not in possession over plot no.1162 rather he is in possession of his bhumidhari plot no. 1173 as well as abadi plot no.1171 & 1172 but without making proper survey / demarcation of the plot in question, an order for ejectment and damages has been passed against the petitioner in respect to plot in question. He placed reliance on the decision of this Court reported in 2023 (1) ADJ 154, Rishipal Singh Vs. State of U.P. and 3 Others, in order to demonstrate that no order for ejectment and damages can be passed, without making proper survey/demarcation.

4. On the other hand, learned standing counsel and the counsel for the gaon sabha submitted that plot no.1162 is recorded as jungal in the revenue records, as such, there is no illegality in the order of the Tehsildar. They further submitted that the appeal has also been dismissed in accordance with law, as such, no interference is required in the matter.

5. I have considered the arguments advanced by learned counsel for the parties and perused the records.

6. There is no dispute about the fact that an order for ejectment and damages has been passed against the petitioner in respect to plot no.1162 and the appeal filed by the petitioner has also been dismissed on the ground of limitation.

7. So far as the proceedings under Sections 67 (2), 67(5) & 67 A of the U.P. Revenue Code, 2006 are concerned, this Court in the case of Rishipal Singh (supra) has considered the scope of Section 67 of U.P. Revenue Code, 2006 & laid down the principle for the disposal of the proceeding under Section-67 of U.P Revenue Code, 2006. Paragraph No. 74 of the judgment rendered in Rishipal Singh (Supra) is relevant for consideration which is as under:-

"74. Thus, in my view, following guidelines be adopted as procedure to be applied to proceedings