Neutral Citation No. - 2025:AHC-LKO:16765 Court No. - 7 Case :- WRIT - C No. - 2708 of 2025 Petitioner :- Heeralal Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Nishi Srivastava,Sheela Baidya Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard. 2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. 3. The present petition has been filed for the following main relief:- "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the order dated 05.08.2024 passed by the opposite party No.2 to the extent penalty of Rs.2,73,600/- and also pay Rs.5000/- for filing of instant case before him imposing upon the petitioner contained as Annexure No.1 to this writ petition." 4. Taking note of the prayer sought in the present petition and the order dated 05.08.2024 as also the fact that the petitioner namely Heeralal s/o Shambu Lal, r/o Mauja-Parsa, Nasirganj, Pargana Hisampur, Tehsil-Kaiserganj, Dictrict-Bahraich, is residing with his family over the part of Gata No.60/0.012 Hect. after constructing the house as also that for the damages to the tune of Rs.2,73,600/- and cost of Rs.5,000/-, the Collector Bahraich, has not recorded any reason after taking note of relevant facts and provisions in this regard, this Court is of the view that applicant/petitioner is entitled to get the relief, as sought. 5. Accordingly, the present petition is allowed and the order dated 05.08.2024 passed by the opposite party no.2, to the extent of amount of damages i.e. Rs.2,73,600/- and cost of Rs. 5,000/-, is hereby set aside. 6. The matter is remitted back to the Collector Bahraich, for passing appropriate order only with regard to the damages and cost after taking note of entire facts of the case as also the relevant provisions in this regard, within a period of four months, from today. 7. Learned State Counsel is directed to communicate this order to the Collector/District Magistrate, Bahraich. Order Date :- 24.3.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench