Court No. - 30

Case :- WRIT - C No. - 29038 of 2021

Petitioner :- Rakesh @ Rajesh

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Pradeep Kumar Bhardwaj

Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

Hon'ble Alok Mathur,J.

1. Heard Sri Pradeep Kumar Bhardwaj, learned counsel for

petitioner, learned Standing counsel as well as Sri Sunil Kumar

Singh, learned counsel for Gaon Sabh.

2. By means of the present petition, the petitioner has assailed

the order dated 21.06.2021 passed by respondent No.

2/Collector Bulandshahr as well as order dated 31.03.2021

passed by respondent No. 3/Assistant Collector (1st

Class)/Tehsildar (Judicial) Tehsil Sikandrabad, District

Bulandshahr wherein damages to the amout of Rs. 333960/- and

execution charges Rs. 2000/0 has been imposed upon the

petitioner in exercise of power under Section 67 of the U.P.

Revenue Code, 2006.

3. It has been submitted by learned counsel for petitioner that

he is permanent resident of village Ritauli, Pargana and Tehsil

Sikandrabad, District Bulandshahr and is a recorded tenure

holder of agricultural land and aon 20.01.2018 the concerned

Lekhpal submitted an information along with the map and

requested the Assistant collector Bulandshahr to initiate

proceedings against the petitioner for eviction form Gata No.

11m and also to recover damages. Consequently, notices dated

23.02.2018 were issued to the petitioner. The petitioner filed his

objections specifically stating that he has not occupied the said

gaon sabha land and denied the allegations contained in the

notice.

4. Another report in February, 2021 by the present Lekhpal was

also filed with regard to illegal encroachment by the petitioner

with regard to Gata No.112. During proceedings under Section

67of the U.P. Revenue Code, 2006, another report was called by

the revenue authorities which was duly submitted on

23.03.2021 by the Revenue Inspector.

5. The Tehsildar, (Judicial) considered the entire evidence on

record and concluded that the petitioner has encroached upon

the said gaon sabha land and consequently passed the order

dated 31.03.2021. While considering the case on merits it has

been considered that present Lekhpal had submitted his report

on 15.02.2021 with regard to Gat No. 113 G wherein it was

found that the petitioner has undertaken agricultural works and

was in the illegal occupation since last four years. It has also

been recorded that presently encroachment by the petitioner has

been removed. It has also been considered that the Revenue

Inspector in his report dated 17.03.2021 has recorded that the

earlier said land was in illegal occupation of the petitioner and

now the said encroachment has been removed. The Tehsildar

has concluded by recording a finding that the petitioner's

occupation over the said gaon sabha land stood proved and his

consequently imposed the penalty upon the petitioner.

6. The Collector who was the appellate authority while

rejecting the appeal of the petitioner has also considered the

submissions made by the petitioner but could not find any

merits in appeal and he has recorded his satisfaction that the

Tehsildar (Judicial) has considered all the material on record

including the spot inspection report and only after being

satisfied that there was encroachment by the petitioner on the

gaon sabha land, the said order of imposition of penalty has

been passed, and consequently rejected the appeal.

7. While arguing the present petition, the petitioner has again

reiterated the arguments raised before the authorities concerned

and he has denied that he has either encroached on the said

gaon sabha land and consequently assailed both the orders on

the ground that they are factually incorrect.

8. The petitioner, even before this Court, has not placed any

material which can substantiate his claim while on the other

hand there are specific and concurrent reports of t