RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Ravish Kumar Singh for the petitioner, Standing Counsel for State of UP and Sri D.D. Chauhan, Standing Counsel for gram panchayat.
(2.) The writ petition has been filed against the order of Assistant Collector dated 16.1.2017 passed in the proceeding under Section 67 (1) of UP Revenue Code, 2006 directing for ejectment of the petitioner from an area of 0.013 hectare of plot no. 17 M of village Defra, tehsil Dhanghata, Distt. Sant Kabir Nagar and imposing penalty of Rs. 20,000/- along with execution fees of Rs. 5/- and the order of Collector dated 26.7.2017 dismissing the appeal of the petitioner against the aforesaid order.
(3.) On the report of Lekhpal, the proceeding under Section 67 of UP Revenue Code, 2006 has been initiated against the petitioner for his ejectment from plot no. 17 M area 0.013 hectare of village Defra. The petitioner filed an objection on 15.9.2016 stating therein that he is not in possession over plot no. 17, rather he is in possession of plot no. 336 of village Chhitauni, which is another village. However, the Assistant Collector merely relying upon the report of Lekhpal as well as statements of Lekhpal and Pradhan, has directed for ejectment of the petitioner from the aforesaid plot and also imposed penalty as stated above. The petitioner challenged the aforesaid order in appeal. Before the appellate court, the petitioner has again raised a plea that Lekhpal has not done any demarcation of plot no. 17 on the spot and submitted his report without any basis. However, the Collector has dismissed the appeal of the petitioner upholding the findings of Assistant Collector. Hence this writ petition has been filed.;