The court ruled that penalties imposed for land encroachment must comply with established procedural guidelines to ensure fairness and transparency.

JUDGMENT :

(Jaspreet Singh, J.)

1. Heard Shri Madan. Gopal. Misra, learned counsel for the petitioner, Shri Hemant Pandey, learned standing Counsel for the State-respondents and the learned counsel Shri DilipKumar Pandey for Gram Panchayat.

2. Under challenge is the order dated 16.05.2023 passed by the respondent no.4 imposing penaltyof Rs.40,000/-for 0.0009 hectares land of Gata No.502, situate at village Hulaskheda, Pargana and Tahsil Mohanlalganj, District Lucknow, holding that the petitioner has illegally encroached upon the vacant land. i.e. Gata no. 502 measuring 0.0009 hectares of total 0.076 hectares. 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.3 by means of order dated 29.01.2024.

3. It is submitted that on the complaint of Gram Samaj, respondent no.4 served a notice to the petitioner alleging encroachment of land bearing Gata No.502, situated at the aforesaid village. The petitioner submitted reply to the aforesaid notice, denying the allegations of encroachment on any part of land in question and submitted written reply before the respondent no.4. The respondent no.4 did not consider the reply submitted by the petitioner and passed order dated 16.05.2023 imposing penalty of Rs.40,000/-for 0.009 hectare of Gata No.502 while the same court has imposed penalty of Rs.23,883/-has been imposed for 0.084 hectares land situated in the same village decided by means of non-speaking order dated 18.01.2024, which is discriminatory, illegal and arbitrary.

4. It is further submitted that being aggrieved against the aforesaid order dated 16.05.2023 passed by the respondent no.4, the petitioner preferred an appeal under Section 67(5) of the U.P. Revenue Code, 2006 before the Appellate Authority but the Appellate Authority did not consider the grounds of appeal and the written arguments and dismissed the appeal by means of non-speaking order dated 29.01.2024 confirming the judgment and order dated 16.05.2023 passed by the respondent no.4. Thereafter the petitioner preferred a revision before the Board of Revenue and the same has also been dismissed, hence this petition.

5. It is thus urged that even the appellate order suffers from the vice of being arbitrary and it it deserves to be set aside. In support of his submission, learned counsel for the petitioner has relied upon the decision of this Court in Rishipal Singh Vs. State of U.P. & others 2022 SCC Online All. 829.

6. Learned Standing Counsel though made his submissions refuting the contentions of the counsel for the petitioner and attempted to justify the impugned orders.

7. Considering the aforesaid, this Court is of the clear view that both the impugned orders suffer from the vice of being arbitrary and definitely-there is no compliance of the guidelines laid down by this Court in the case of Rishipal Singh (supra)wherein this Court has issued the guidelines to be adopted as procedure to be applied to proceedings under Sections 67, 67A and 26 of the U.P. Revenue Code, the relevant part of the said order reads as under:-

"74. Thus, in my view, following guidelines be adopted as procedure to be applied to proceedings under Sections 67,67A and 26 of the U.P. Revenue Code. It is all aimed at ensuring transparency in the procedure, judiciousness in approach by the authorities and to thwart every complaint made with ulterior and oblique motive to dislodge a long settled possession and causing of unnecessary harassment to an innocent villager:

(i) In case of complaint made on RC From 19, the official making it shall ensure that proper survey is done in the light of observations made in this judgment; the land, occupation of which has stood identified to be unauthorized is in exact measurement and so also shown in the survey map prepared on scale, as per the Land Revenue Survey Regulations, 1978; the exact assessment of damages on the basis of circle rate with details of calculation mad