RAJJAN LAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY., REVENUE DEPTT., LKO AND OTHERS
WRIC/8926/2025 · 2025-09-17
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164052 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164052 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8926 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Vimal Kishore, learned counsel for the petitioner, learned Additional Chief Standing Counsel appearing for Respondents No.1 to 3, Sri Namit Sharma,
learned counsel for Respondents No.4 & 5 and Sri Dililp Kumar Pandy, learned counsel for Respondent No.6.
2. The captioned writ petition has been filed challenging therein, the order dated 17.02.2025 passed by the Assistant Collector (Ist class)/Tahsildar (Judicial) Sarojni Nagar, Lucknow in Case No. 19796 of 2024, Computerized No. T202410460519796 Gaon Sabha vs Raajjan Lal; instituted under Section 67 of the U.P. Revenue Code, 2006 whereby, direction had been issued for removal of the possession of the petitioner from the land of Gata No.1256 measuring 0.544 hectare and Gata No 1351 M measuring 0.1230 hectare and payment of penalty of Rs. 8,00,400/.
3. Learned Counsel appearing for the petitioner has very fairly submitted that petitioner does not want to challenge the order dated 17.2.2025 so far as it provides for removal of encroachment/illegal possession of the petitioner from the land in question but he submits that since in the order a finding had been recorded that the petitioner is in illegal possession over the land only for two years therefore, the penalty of Rs. 8,00,400/-is not justified by any stretch of imagination.
4. Learned Additional Chief Standing Counsel appearing for the State also could not give proper reply, as to how the penalty of Rs.8,00,400/ imposed under the impugned
order is justified, as in the order itself finding had been recorded that the petitioner is in illegal possession over the land in question only since two years.
5. I have considered the submissions made by the learned counsels appearing for the Versus Counsel for Petitioner(s) : Vimal Kishore Verma, Harsh Verma Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey, Namit Sharma, Rajesh Kumar Singh Rajjan Lal .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lko And Others .....Respondent(s)
parties and I find no illegality in the impugned orders dated 17.02.2025 and 30.07.2025, so far as they direct for removal of unauthorised possession of the petitioner on the land in question but the penalty of Rs. 8,00,400/- imposed against the petitioner is too excessive, particularly keeping in view that the order itself records a finding that petitioner is in possession only since last two years.
6. In view of the aforesaid reasons the impugned order dated 17.2.2025, passed by the Assistant Collector (Ist class)/Tahsildar (Judicial) Sarojni Nagar, Lucknow, is hereby modified to the extent that petitioner shall pay only Rs.50,000/- towards penalty for his illegal possession over the land in question.
7. The writ petition is accordingly disposed of.
September 17, 2025 Shahnaz WRIC No. 8926 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench