Tulsi Ram v. State of U.P. Thru. Prin. Secy. Revenue, Lucknow and 3 Others

Court No. - 8 Case :- WRIT - C No. - 8643 of 2023 Petitioner :- Tulsi Ram Respondent :- State Of U.P. Thru. Prin. Secy. Revenue, Lucknow And 3 Others Counsel for Petitioner :- Ajay Veer Singh,Satyendra Nath Mishra Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Pankaj Bhatia,J.

¶1Present petition has been filed challenging the order dated

26.07.2021 passed by respondent no.3 whereby an order of eviction has been passed against the petitioner. The petition also challenges the appellate order dated

11.07.2022 whereby the appeal preferred by the petitioner was dismissed mainly on the ground that the occupation of the petitioner over the land in question was without any authority of law and the land being vested with the Gaon Sabha as a public utility land.

¶2In support of the submissions raised in the present petition, counsel for the petitioner argues that the petitioner has applied for mutual transfer of the land under Section 101 of the U.P. Revenue Code which should be considered before the demolitions are carried out.

¶3Considering the submissions made at the Bar and on perusal of the order, the petitioner is unable to demonstrate any Bhoomidhari rights over the offending property on which the constructions have been raised, as such, I do not see any reason to interfere with the impugned orders. However, in case the petitioner has filed an application under Section 101 of U.P. Revenue Code proposing to exchange, the same shall be decided in accordance with law.

¶4The writ petition is disposed off in above terms. Order Date :- 13.10.2023 nishant High Court of Judicature at Allahabad, Lucknow Bench