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JASPREET SINGH
Abdul Rasheed @ Rashid Khan – Appellant
Versus
State Of U. P. Thru. Teh Prin. Secy. Deptt. Of Revenue – Respondent
JUDGMENT :
(Jaspreet Singh, J.)
1. Heard Shri S. K. Dwivedi, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Pankaj Gupta, learned counsel for the land management committee.
2. Under challenge is the order dated 18.01.2024 passed by the respondent no.3 whereby an order has been passed under Section 67 of the U.P. Revenue Code, 2006 holding that the petitioner has encroached upon the chak-marg which is on gata no.1011, measuring 0.003 hectares and an order of eviction has been passed coupled with imposing a sum of Rs.675 as damages and rupees 1000 as recovery charges. The said order was assailed in appeal under Section 67(5) of the U.P. Revenue Code, 2006 and the appeal has been dismissed by the respondent no.2 by means of order dated 05.04.2024.
3. The submission of the learned counsel for the petitioner is primarily that the dispute which has been raised, has not been appropriatelyconsidered. It is submitted that the petitioner is the tenure holder of his bhumidhari land bearing no.988 measuring 0.6940 hectares in village Mishrauliya, Pargana and Tehsil Ekauna, District Shrawasti.
4. It has also been submitted that demarcation proceed
The court emphasized adherence to procedural guidelines in land encroachment cases, ruling that arbitrary orders lacking proper evidence and consideration must be quashed.
The court ruled that penalties imposed for land encroachment must comply with established procedural guidelines to ensure fairness and transparency.
Proper measurement and due process are essential in eviction proceedings, as statutory compliance safeguards against arbitrary actions by the authorities.
Eviction upheld for illegal encroachment on public utility land, but damages quashed due to failure to comply with mandatory calculation procedures.
The failure to notify a necessary party in land demarcation proceedings violates the principles of natural justice, necessitating a fresh examination of the case.
Point of Law : Any person aggrieved by an order of the Assistant Collector under sub-section (3) or sub-section (4), may within thirty days from the date of such order, prefer an appeal to the Collec....
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