Court No. - 7

Case :- WRIT - C No. - 1687 of 2023

Petitioner :- Uma Shanker

Respondent :- State Of U.P. And 4 Others

Counsel for Petitioner :- Utsav

Counsel for Respondent :- C.S.C.,Azad Rai

Hon'ble Chandra Kumar Rai,J.

Heard Sri Utsav, counsel for the petitioner, Sri Azad Rai, counsel for

respondent no.5/gaon sabha and the learned standing counsel for state -

respondent.

The instant writ petition has been filed for quashing the notice dated

6.1.2023, passed by respondent no.3Tehsildar/Assistant Collector, Tehsil

Manjhanpur, Kaushambi as well as for mandamus, directing respondent

no.3 to conclude the demarcation proceeding under Section 24 of the

U.P. Revenue Code, 2006 in respect to Arazi No.518 & 718. It is also

prayed that status quo be maintained in respect of petitioner's

construction till the disposal of the proceedings under Section 24 of the

U.P. Revenue Code, 2006.

Counsel for the petitioner submitted that the proceeding under Section

24 of the U.P. Revenue Code, 2006 has been filed by the petitioner

which is pending but the authorities concerned are adamant to demolish

the construction of the petitioner on the basis of an order passed under

Section 67 of the U.P. Revenue Code, 2006. It is also submitted that this

Court while disposing of the writ petition filed by the petitioner against the

proceeding under Section 67 of the U.P. Revenue Code, 2006, has

observed that the petitioner can approach the competent authority for

redressal of his grievance in the proceedings under Section 24 of the

U.P. Revenue Code, 2006. The final order passed by this Court on

24.09.2021 in Writ C. No. 41909 of 2018 Uma Shankar Vs. State of U.P.

and 4 others in respect to proceedings under Section 67 of U.P. Revenue

Code is as follows:-

"Shri Utsav, learned counsel for petitioner, Shri Yanendra Pandey, learned counsel

for respondent and learned Standing Counsel are present.

This Court has passed an order on 13.3.2019 and relevant part of the said order is

reproduced hereinafter :-

"Having heard the learned counsel for the parties, I am of the view that orders

passed under Section 67 of the U.P. Revenue Code, 2006, have grave

consequences inasmuch as houses have to be demolished. Under such

circumstances, I direct that the Appellate Court under Section 24(4) of the U.P.

Revenue Code, 2006, may look into the report and the order submitted by the

Demarcation Team dated 14.11.2018 and may independently decide the matter as

an appellate court. This exercise may be completed by the Appellate Court under

Section 24(4) of the U.P. Revenue Code, 2006, within a period of one month from

the date of production of a certified copy of this order.

Till such time as the Appellate Court decides the matter, the impugned order dated

25.9.2018 passed by the Tehsildar and the order dated 30.11.2018 passed by the

Appellate Court shall remain stayed.

Learned Standing Counsel may place the order which would now be passed by the

Appellate Court under Section 24(4) of the U.P. Revenue Code, 2006, on 23.4.2019.

List this case on 24.4.2019."

In pursuance of the above referred order, the petitioner filed an appeal bearing

Appeal No.00692 of 2019 (Uma Shankar vs. Gaon Sabha) bearing Computerized

Case No.C201902000000692 before the Additional Commissioner under Section

24(4) of the U.P. Revenue Code, 2006, however, the same was rejected by an order

dated 16.8.2019 on the ground that the Appellate Court would be the Court of

Collector. The petitioner has not placed the said order before this Court even

though this matter was listed as many as on 5 dates after the said order was

passed. It appears that petitioner is taking unnecessary advantage of the interim

order passed by this Court, as referred above.

I have perused the impugned orders, whereby, proceedings under Section 67 of the

U.P. Revenue Code, 2006 were allowed considering that the petitioner was in

unauthorized possession on the land of Gaon Sabha which is entered as Ras