The Allahabad High Court has stayed the Tehsildar’s order of demolition and damages on the house of former District Panchayat member Prem Yadav, who was killed in a violent clash between two parties in a land dispute in Deoria.
A Single Bench of Justice Chandra Kumar Rai passed this order while hearing a petition filed by Ram Bhawan Yadav.
The petition has been filed against the order of Tehsildar dated 11.10.2023 passed in the proceeding under Section 67 of UP Revenue Code, 2006 in respect to the plot area 0.0200 hectare, which is recorded as Khalihan.
Counsel for the petitioner submitted that authorities are adamant to demolish the construction of the petitioner, as such petitioner has filed the petition without availing remedy of appeal under Section 67 (5) of U.P Revenue Code, 2006.
He further submitted that even on merit, the impugned order cannot be maintained, but without affording proper opportunity of hearing as well as without making proper survey and demarcation, the order for ejectment and damages has been passed against the petitioner.
He further submitted that interim protection be granted during pendency of appeal / revision if the order under appeal and revision has serious civil consequences as held by the Court in the case reported in 2007 (102) RD 498 Ali Sher vs State of U.P through Collector Bijnor and others.
On the other hand, JN Maurya, Chief Standing Counsel for the State-respondent and Sudhir Bharti, counsel for respondent Nos 6 and 7-Land Management Committee/ Gaon Sabha submitted that impugned order is appealable under Section 67 (5) of UP Revenue Code, 2006 as such writ petition is liable to be dismissed on the ground of alternative remedy.
They further submitted that land in dispute is recorded as khalihan, as such no interference is required in the matter.
There is no dispute about the fact that order for ejectment and damages has been passed by Tehsildar against the petitioner vide order dated 11.10.2023. There is no dispute about the fact that order is appealable under Section 67 (5) of U.P Revenue Code, 2006.
The Court in the case of Ali Sher (Supra) has held that the interim protection be granted during pendency of appeal / revision if the order under appeal and revision has serious civil consequences.
In view of the remedy of appeal against the order impugned passed by the Tehsildar, the Court disposed of the petition finally directing the petitioner to file an appeal before respondent No 2/ Collector against the order dated 11.10.2023 passed by the Tehsildar within a period of two weeks. If the appeal is filed within the aforesaid period, the same shall be registered and disposed of in accordance with the ratio of law laid down in Rishipal Singh (Supra).
The Court further directed that in view of ratio of law laid down in Ali Sher (Supra), the order dated 11.10.2023 passed by Tehsildar for demolition and damages shall not be given affect till the disposal of petitioner’s appeal under Section 67 (5) of UP Revenue Code, 2006 as indicated above.