Allahabad High Court: This petition had been filed before a Single Judge Bench comprising of Vivek Kumar Birla, J., in order to quash the impugned order passed by District Magistrate.
Facts of the case were that petitioner had been accused of encroaching upon the land of Gaon Sabha which was recorded as navin parti in the Revenue Code due to which damages were imposed upon petitioner under Section 67 of the U.P. Revenue Code, 2006. Petitioner aggrieved by the above filed an appeal before District Magistrate which was dismissed. This petition was filed against the above-impugned orders.
Petitioner contended that the impugned orders were arbitrary and illegal as petitioner’s ground was not considered. The orders also did not consider the claim filed in the appeal under Section 67-A. Whereas the respondent argued that the land in question was recorded as navin parti and it was not allotted to the petitioner.
The High Court while perusing impugned order found that notice was duly issued to petitioner whereby in reply he claimed that the land in question belonged to him but according to Code there is no allotment of land to petitioner and he is not eligible for the same. Court while perusing appellate order found that no documents to show allotment of land to petitioner were brought also petitioner was not eligible for allotment of land under Section 64 of the code. Court observed that not even this court had been presented with evidence to that effect. Court found no legal infirmity in the impugned order. Therefore, petition was dismissed due to lack of merit. [Satyadev Tripathi v. State of U.P.,2018 SCC OnLine All 1813, order dated 03-10-2018]
