Sukhdei vs State Of U.P. And 6 Others
2023 Latest Caselaw 3545 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 27203 of 2022
 

 
Petitioner :- Sukhdei
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Pramod Kumar Singh Paliwal
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Chandra Kumar Rai,J.

Supplementary affidavit filed today is taken on record.

Heard Mr. Pramod Kumar Singh Paliwal, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for respondent- Gaon Sabha.

The instant petition has been filed for quashing the entire proceeding / notice dated 17.8.2021 of Case No.T202115060401541 (Gram Sabha Vs. Sukhdei), under Section 67 (2) & 67 (5) of U.P. Revenue Code, 2006 within stipulated period.

Learned counsel for the petitioner submitted that the petitioner belongs to Schedule Castes Community and the petitioner is in possession of the land in question since long. He further submitted that the construction of the petitioner is lying since before the consolidation operation, as such, petitioner is entitled to the benefit of Section 67A of U.P. Revenue Code, 2006. He further submitted that the objection dated 10.2.2022 has been filed by the petitioner taking plea of petitioner's possession and other legal plea in the aforementioned case under Section 67 of U.P. Revenue Code, 2006. He placed reliance upon the judgment of Hon'ble Supreme Court in reported in A.I.R. 2003 SC 4102 = 2003 (94) RD 538 Manorey @ Manohar Vs. Board of Revenue and Others, on the basis of aforementioned facts. He further submitted that the proceeding of the case under Section 67 of U.P. Revenue Code, 2006 be quashed.

I have considered the argument advanced by learned counsel for the petitioner and perused the record.

Since the proceeding under Section 67 of U.P. Revenue Code, 2006 is pending before respondent no.3 i.e. Tahsildar, Lalganj, Tahsil- Lalganj, District- Azamgarh and petitioner has filed the objection dated 10.2.2022, hence interest of justice requires that proceeding be concluded taking into consideration the petitioner's objection and the other evidence on record.

Considering the entire facts and circumstances, the instant petition is finally disposed of directing the respondent no.3 i.e. Tahsildar, Lalganj, Tahsil- Lalganj, District- Azamgarh to consider the petitioner's objection and decide the proceeding expeditiously in accordance with law.

Order Date :- 3.2.2023

Rameez