# Manoj Kumar Singh v. State of U.P. & Ors

- **Citation:** (2025) 10 ILRA 620
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-10-06
- **Case number:** Public Interest Litigation (P.I.L.) No. 2923 of 2025
- **Bench:** Praveen Kumar Giri
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/manoj-kumar-singh-v-state-of-u-p-ors-52708
- **Pages:** 21

## Headnote

C.S.C., Pradeep Singh

Issue for consideration
Removal of encroachment from land reserved
for public utility purposes

Headnotes
Uttar Pradesh Revenue Code, 2006-sec
67pond (babali) has been encroached by some
villagers - no action has been taken u/s 67 of
the
Revenue
Code
for
removal
of
the
encroachment- in case any land belonging to
the Gram Panchayat/Gram Sabha, encroached
by any person-the office bearers of the Bhumi
Prabandhak Samiti are under obligation under
Rule 66 of the Uttar Pradesh Revenue Code
Rules, 2016 -to inform the Tahsildar concerned-
to initiate proceedings u/s 67 of the Revenue
Code, 2006 -for removal of encroachment from
the public utility land-if no information or
delayed information is given-action shall be
taken against the Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal of the Bhumi
Prabandhak Samiti of the Village Panchayat -
they are the custodian of the property-if they do
not
inform
the
Tahsildar
about
such
encroachment and thereby fail to protect and
preserve such property-such inaction on the
part of the Members of the Samiti-amount to
criminal breach of trust u/s 316 of the Bharatiya
Nyay
Sanhita,
2023
along
with
Criminal
Conspiracy and Abetment. PIL disposed.

Held, District Magistrate of all districts and SubDivisional Magistrate of all Tehsils of State of
Uttar Pradesh are directed to take action,
initiating departmental proceedings treating as
misconduct under Rule 195 of the Uttar Pradesh
Revenue Code Rules, 2016 read with Section
233 Rule (ix) of the Uttar Pradesh Revenue
Code, 2006 and criminal procedings for criminal
breach of trust under Section 316 of Bhartiya
Nyay Sanhita, 2023 with abatement and
consipiracy against the area Lekhpal being
Secretary of the Bhumi Prabandhak Samiti,
custodian of the Gram Panchayat property, if he
is not giving information under Rule 66 of the
Rules 2016 in respect of any encroachment on
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
621
the land by revenue R.C. Form No. 19 to the
concerned Tehsildar or Tehsildar (Judicial)
within 60 days from the date of this order. (E-9)

Case Law Cited

## Text

_Characters 0–39,749 of 67,405. This is a partial read: ask again with offset=39749 for what follows._

620 INDIAN LAW REPORTS ALLAHABAD SERIES
judgment would also not applicable in the
present case.

34. It is undisputed that SCC suit has
been filed by the landlord against the tenant
in which tenancy is admitted in written
submission without any dispute. Further
lease deed dated 23.2.2011 is executed,
which is time bound lease subject to further
renewal and only limited rights have been
given to lessee, therefore, in title dispute
lessee would not be necessary party. In
SCC Suit rights of third party is affected in
tenancy dispute. Further in case right of
any third party is affected, they are having
full right to file any application under
Order I Rule 10 CPC for which there is no
legal
obligation
upon the petitionerdefendant to file such application on their
behalf.

35. In light of facts as well as
judgment referred hereinabove, application
filed under Order 1 Rule 10 cannot be
entertained, therefore, I found no illegality
or infirmity in the impugned order.

36. Accordingly, the petition is
dismissed. No order as to costs.

----------
(2025) 10 ILRA 620
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 06.10.2025

BEFORE

THE HON'BLE PRAVEEN KUMAR GIRI, J.

Public Interest Litigation (P.I.L.) No. 2923 of
2025

Manoj Kumar Singh ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Ashish Kumar Pandey, Bhriguram Ji, Deo
Brat Pandey

Counsel for the Respondents:
C.S.C., Pradeep Singh

Issue for consideration
Removal of encroachment from land reserved
for public utility purposes

Headnotes
Uttar Pradesh Revenue Code, 2006-sec
67pond (babali) has been encroached by some
villagers - no action has been taken u/s 67 of
the
Revenue
Code
for
removal
of
the
encroachment- in case any land belonging to
the Gram Panchayat/Gram Sabha, encroached
by any person-the office bearers of the Bhumi
Prabandhak Samiti are under obligation under
Rule 66 of the Uttar Pradesh Revenue Code
Rules, 2016 -to inform the Tahsildar concerned-
to initiate proceedings u/s 67 of the Revenue
Code, 2006 -for removal of encroachment from
the public utility land-if no information or
delayed information is given-action shall be
taken against the Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal of the Bhumi
Prabandhak Samiti of the Village Panchayat -
they are the custodian of the property-if they do
not
inform
the
Tahsildar
about
such
encroachment and thereby fail to protect and
preserve such property-such inaction on the
part of the Members of the Samiti-amount to
criminal breach of trust u/s 316 of the Bharatiya
Nyay
Sanhita,
2023
along
with
Criminal
Conspiracy and Abetment. PIL disposed.

Held, District Magistrate of all districts and SubDivisional Magistrate of all Tehsils of State of
Uttar Pradesh are directed to take action,
initiating departmental proceedings treating as
misconduct under Rule 195 of the Uttar Pradesh
Revenue Code Rules, 2016 read with Section
233 Rule (ix) of the Uttar Pradesh Revenue
Code, 2006 and criminal procedings for criminal
breach of trust under Section 316 of Bhartiya
Nyay Sanhita, 2023 with abatement and
consipiracy against the area Lekhpal being
Secretary of the Bhumi Prabandhak Samiti,
custodian of the Gram Panchayat property, if he
is not giving information under Rule 66 of the
Rules 2016 in respect of any encroachment on
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
621
the land by revenue R.C. Form No. 19 to the
concerned Tehsildar or Tehsildar (Judicial)
within 60 days from the date of this order. (E-9)

Case Law Cited
1. Dayaram Yadav and 2 Others vs State of
Uttar Pradesh and 6 Others C.M.W.P. (P.I.L) No.
20672 of 2016
2. Hinch Lal Tiwari vs Kamla Devi and Ors. AIR
2001 SC 3215
3. Jitendra Singh Vs. Ministry of Environment
and others, (2020) 20 SCC 581
4. State of Haryana and others Vs. Satpal and
others, 2023 INSC 201
5. Public Interest Litigation (PIL) No. 20672 of
2016 (Dayaraj Yadav and others Vs. State of UP
and others decided on 6.5.2016)
6. Babu Ram vs. State of Himachal Pradesh and
Anr., (Civil Appeal No. 13362 of 2024 decided
on 28.11.2024)

List of Acts
1. Uttar Pradesh Revenue Code, 2006
2. Uttar Pradesh Revenue Code Rules, 2016
3. Bhartiya Nyay Sanhita, 2023

List of Keywords
Encroachment
shall
be
removed
by
the
Tahsildar; any other authority of the local
bodies; land reserved for public utility purposes;
restored on its original nature; misconduct.

Appearances of parties
Counsel for Petitioners(s) : Ashish Kumar
Pandey, Bhriguram Ji, Deo Brat Pandey
Counsel for Respondent(s) : C.S.C., Pradeep
Singh

(Delivered by Hon'ble Praveen Kumar
Giri, J.)

1. Heard learned counsel appearing on
behalf of the petitioner, Sri Pradeep Singh,
learned counsel for the Bhumi Prabandhak
Samiti and Sri Girjesh Kumar Tripathi,
learned Additional Chief Standing Counsel
for State respondent.

2. This present
Public Interest
Litigation (PIL) has been filed with the
following prayers :-

"1. Issue, a writ order direction
in the nature of mandamus commanding
to the respondents to remove the illegal
encroachment of the private respondent
from the public utility land Gata No.-48
area 0.177 Hec., Gata No.-51 area 0.101
Hec. and also Gata No. 53 area 0.114 Hec
which is recorded as a Babali in the
revenue record of Vill - Chauka, Pargana
- Bhuieli, Tehsil - Chunar, Dist -
Mirzapur.

2. Issue, a writ order directing in
the nature of mandamus commanding to
the respondent No.3 to decide the
representation date 22.07.2024 (Annexure
No.3) within a stipulated period."

3. Learned counsel for the petitioner
submits that pond (babali) has been
encroached by some villagers and no action
has been taken under Section 67 of the
Uttar Pradesh Revenue Code, 2006 (for
short 'Revenue Code') for removal of the
encroachment.

4. During the course of argument, Sri
Girjesh Kumar Tripathi, learned Additional
Chief Standing Counsel has submitted
instructions of Tahsildar, Chunar, Mirzapur
informing that proceedings for removal of
encroachment under Section 67 of the
Revenue Code have been initiated. The
instruction is taken on record.

5. Learned Counsel for the petitioner
submits
that
he
has
informed
the
authorities including Tahsildar, Revenue
Inspector, Village Pradhan as Chairman of
the Bhumi Prabandhank Samiti (for short
'Samiti') and the Lekhpal as Secretary of
the Samiti who are the custodian of the
property of the State/Gram Panchayat/Gaon
Sabha, but no action was taken by them.
After filing of the present PIL, proceedings
under Section 67 of the U.P Revenue Code
622 INDIAN LAW REPORTS ALLAHABAD SERIES
2006 has been initiated on 7.8.2025 and
8.9.2025 against the alleged encroachers.

6. This Court has gone through the
provision of law, law laid down by the
Hon'ble Supreme Court, High Court and
also the facts of this case and thereafter has
drawn opinion that in case any land
belonging to the Gram Panchayat/Gram
Sabha, encroached by any person, the
office bearers of the Bhumi Prabandhak
Samiti are under obligation as per Rule 66
of the Uttar Pradesh Revenue Code Rules,
2016 to inform the Tahsildar concerned to
initiate proceedings under Section 67 of the
Uttar Pradesh Revenue Code, 2006 for
removal of encroachment from the public
utility land and if no information or delayed
information is given, action shall be taken
against the Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal of the Bhumi
Prabandhak
Samiti
of
the
Village
Panchayat as they are the custodian of the
property.

7. The land recorded as 'pond
(babali)' in the
Revenue
record is
entrusted to the Bhumi Prabandhak
Samiti (hereinafter referred to as 'Samiti')
comprising Village Pradhan as Chairman of
the Samiti and Lekhpal of the area as
Secretary of the Samiti, however, they are
not paying any heed to initiate proceedings
for removal of the encroachment though
they are the custodian of the public utility
land and it appears that they are ignoring
the encroachment of the land belonging to
the Samiti/Gram Sabha by other persons
which amount to conspiracy as well as
abetment on the part of the Chairman,
Secretary and other members of the Samiti.

8. The provisions of Sections 28A
and 28B of Uttar Pradesh Panchayat Raj
Act, 1947 (herein after referred to as 'the
Act, 1947'), are for 'Bhumi Prabandhak
Samiti' and its functions.

Sections 28A and 28B of the Act,
1947 are being delineated below:-

"Section
28-A.
Bhumi
Prabandhak Samiti - (1) The Gram
Panchayat
shall
also
be
Bhumi
Prabandhak Samiti and as such discharge
the duties of up-keep, protection and
supervision of all property belonging to or
vested in or held by the Gram Panchayat
under Section 117 of the Uttar Pradesh
Zamindari Abolition and Land Reforms
Act, 1950 (U.P. Act No. 1 of 1951) or under
any other provisions of that Act.

(2) The Pradhan shall be the
Chairperson of the Bhumi Prabandhak
Samiti, and the Lekhpal of the area
comprised in the jurisdiction of the [Gram
Panchayat] shall be its Secretary.

Section 28-B. Functions of the
Bhumi Prabandhak Samiti - (1) The
Bhumi Prabandhak Samiti shall, for and on
behalf of the [Gram Panchayat] be
charged with the general management,
preservation and control of all property
referred to in Section 28-A including -

(a) the settling and management
of land but not including the transfer of any
property for the time being vested in the 5
[Gram Panchayat] under Section 117 of
the Uttar Pradesh Zamindari Abolition and
Land Reforms Act 1950 (U.P. Act No. 1 of
1951) or under any other provision of that
Act;

(b) the preservation, maintenance
and development of forests and trees;

(c)
the
maintenance
and
development of abadi sites and village
communication;

(d) the management of hats,
bazaars and meals;
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
623

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the rendering of assistance in
the consolidation of holdings;

(g) the conduct and prosecution
of suits and proceedings by or against the
Gram Panchayat relating to or arising out
of the functions of Samiti;

(h) the performance of functions
specifically
assigned
to
the
Bhumi
Prabandhak
Samiti
under
the
U.P.
Zamindari Abolition and Land Reforms
Act, 1950 or any other enactment; and

(i) any other matter relating to
such
management,
preservation
and
control as may be prescribed; and may
exercise all powers of the 1 [Gram
Panchayat] necessary for or incidental to
the discharge of such duties.

(2)
The
Bhumi
Prabandhak
Samiti shall function subject to the
provisions of the U.P. Zamindari Abolition
and Land Reforms Act, 1950."

9. The provision of Section 34 of the
Uttar Pradesh Panchayat Raj Act, 1947
also provides that all the public property
situated within the jurisdiction of a Gram
Panchayat is vested in the Gram Panchayat.
Section 34 of the U.P Panchyat Raj Act,
1947 reads as under :-

"Section 34. Property vested in
the Gram Panchayat - (1) Subject to any
special reservation made by the State
Government, all public property situated
within the jurisdiction of Gram Panchayat
shall vest in and belong to the Gram
Panchayat and shall, with all other
property which may become vested in the
Gram Panchayat, be under its direction,
management and control.

(2) All markets and fairs or such
portion thereof as are held upon public
land shall be managed and regulated by the
Gram Panchayat and the Gram Panchayat
shall receive to the credit of the Gaon Fund
all dues levied or imposed in respect
thereof."

10. As per Sections 59, 60 and 61 of
the Uttar Pradesh Revenue Code, 2006
read with Rule 56 of UP Revenue Code
Rules, 2016 (for short 'the Rules, 2016'),
the Samiti including its Chairman and
Secretary
are
entrusted
with
land
belonging to the Gram Panchayat as well as
the local authorities for the purposes of
superintendence, preservation, management
and
control.
In
case
of
damage,
misappropriation or wrongful occupation of
the property, the Chairman (Pradhan),
Secretary (Lekhpal) and other members of
the Samiti are under obligation to inform
the Assistant Collector every year.

The provisions of Sections 59, 60 and
61 of the U.P Revenue Code 2006 read
with Rule 56 of U.P Revenue Code Rules
2016 are being delineated below :-

"Section 59. Entrustment of land
etc. to Gram Panchayats and other local
authorities.- (1) The State Government
may, by general or special order to be
published in the manner prescribed, entrust
all or any of the things specified in
subsection (2), which vest in the State
Government, to a Gram Panchayat or other
local authority for the purposes of
superintendence,
preservation,
management and control in accordance
with the provisions of this Code.

(2) The following things may be
entrusted to a Gram Panchayat or other
local authority under subsection (1),
namely-

(i) lands, whether cultivable or
otherwise, except land for the time being
comprised in any holding or grove;
624 INDIAN LAW REPORTS ALLAHABAD SERIES

(ii) grove standing on the Gram
Panchayat land, pasture land, graveyard,
cremation
ground,
manure
pits,
Khaliyans, Chakroads, link roads, sector
roads, land in river bed, road, Sadak
Khanti, Sullage farm;

(iii) forests and fisheries;

(iv) trees, other than trees in a
holding or on the boundary of a holding or
in a grove or abadi, or any trees on
unoccupied land;

(v) hats, bazaars, melas, tanks,
ponds, water-channels, private ferries,
pathways and abadi sites;

(vi) subject to the provisions of
the Treasure Trove Act, 1878, any
properties specified in section 55 and
belonging to the State Government.

(3) Every land and other thing-

(a) vested in a Gram Panchayat
or any other local authority under the
provisions
of
the
Uttar
Pradesh
Consolidation of Holdings Act, 1953, or the
Uttar Pradesh Imposition of Ceiling on
Land Holdings Act, 1960;

(b) placed under the charge of a
Gram Panchayat or any other local
authority under any of the enactments
repealed by this Code;

(c)
otherwise
coming
into
possession of a Gram Panchayat or other
local authority, either before or after the
commencement of this Code; shall be
deemed to be entrusted to such Gram
Panchayat or other local authority, as the
case may be, with effect from the date of
commencement of this Code or from the
date of such coming into its possession, for
the
purpose
of
superintendence,
preservation, management and control, in
accordance with the provisions of this
Code.

(4) The State Government may,
by a subsequent order to be published in
the manner prescribed,-

['(a)] (i) add to, amend, vary or
rescind any earlier order issued under subsection(1)

(ii) convert any land entrusted or
deemed to be entrusted or transferred to
any Gram Panchayat or local authority,
which is not covered under sub-section (1)
of section 77 to a land covered under subsection (1) of section 77.

Section
60.
Superintendence,
management and control by Bhumi
Prabandhak Samiti. -(1) Subject to the
provisions of this Code, every Bhumi
Prabandhak Samiti shall be charged, for
and on behalf of the Gram Panchayat,
with the superintendence, preservation,
management and control of all land and
other things entrusted or deemed to be
entrusted to that Gram Panchayat under
section 59 or over which such Gram
Panchayat is entitled to take possession
under this Code or any other law for the
time being in force.

(2) Without prejudice to the
generality of the foregoing provisions, the
functions
and
duties
of
the
Bhumi
Prabandhak Samiti shall include:-

(a)
the
settlement
and
management of land;

(b) the preservation, maintenance
and development of forests, trees and
pastures.

(c)
the
maintenance
and
development of abadi sites and village
communications;

(d) the management of hats,
bazaars and melas;

(e)
the
maintenance
and
development of fisheries and tanks;

(f) the development of cottage
industries;

(g)
the
development
and
improvement of agriculture;
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
625

(h) the conduct and prosecution
of suits and proceedings by or against the
Gram Panchayat; and

(i) such other matters as may be
prescribed.

Rule 56 of Rules, 2016

Duties of Chairman etc. 56. (1)
In addition to the duties and functions
specified in clauses (a) to (h) of section
60(2), the Chairman and every member of
the Samiti shall be under an obligation to
report to the Assistant Collector all cases
of damage, misappropriation or wrongful
occupation of the property entrusted or
deemed to be entrusted to the Gram
Panchayat.

(2) It shall be the duty of the
Lekhpal to report to the Collector through
the Tahsildar all cases of wrongful
occupation
of,
damage
to
and
misappropriation of property vested in the
Gram Panchayat or any other land vested
in the State, as soon as they come to his
notice and in any case after the
conclusion of Kharif and Rabi partal
every year.

(3) The Tahsildar shall satisfy
himself after expiry of the period of partal
of Kharif and Rabi that, each Lekhpal has
submitted such reports.

(4) The provisions of this rule
shall mutatis mutandis apply to a local
authority in respect of the properties vested
in it, with the modification that the duty in
respect of sub-rule (3) shall be discharged
by such official as may be decided by such
local authority."

Section 61. Management of
village tanks.- Where a tank in any village
is entrusted or deemed to be entrusted to
any Gram Panchayat under section 59,
then, notwithstanding anything contained
in any contract or grant or and law for the
time being in force, its management by
such Gram Panchayat shall be regulated
by the following conditions, namely:-

(a) where the area of the tank
measures 0.5 acre or less, it shall be
reserved for public use by the inhabitants
of the village;

(b) where the area of the tank
exceeds 0.5 acres, the Bhumi Prabandhak
Samiti shall, with the previous approval of
the Sub-Divisional Officer, let it out in the
manner prescribed.

Explanation. - For the purpose of
this section, the term 'tank', includes talab,
pond, pokhar and other land covered with
water.

11. Section 67 of U.P Revenue Code,
2006 read Rules 66 and 67 of, with the
U.P Revenue Code Rules, 2016 provides
for
the
prevention
of
damage,
misappropriate and wrongful occupation
of
property
belonging
to
Gram
Panchayat and restore its possession
after eviction.

The provisions of Section 67 of the
Revenue Code and Rules 66 and 67 of
Rules 2016 are being delineated below : -

"Section 67. Power to prevent
damage, misappropriation and wrongful
occupation of Gram Panchayat property.-
(1) Where any property entrusted or
deemed
to
be
entrusted
under
the
provisions of this Code to a Gram
Panchayat or other local authority is
damaged or misappropriated, or where any
Gram Panchayat or other authority is
entitled to take possession of any land
under the provisions of this Code and such
land is occupied otherwise than in
accordance with the said provisions, the
Bhumi
Prabandhak
Samiti
or
other
authority or the Lekhpal concerned, as the
626 INDIAN LAW REPORTS ALLAHABAD SERIES
case may be, shall inform the Assistant
Collector
concerned
in
the
manner
prescribed.

(2) Where from the information
received
under
sub-section
(1)
or
otherwise, the Assistant Collector is
satisfied that any property referred to in
sub-section (1) has been damaged or
misappropriated, or any person is in
occupation of any land referred to in that
sub-section
in
contravention
of
the
provisions of this Code, he shall issue
notice to the person concerned to show
cause why compensation for damage,
misappropriation or wrongful occupation
not exceeding the amount specified in the
notice be not recovered from him and why
he should not be evicted from such land.

(3) If the person to whom a notice
has been issued under sub-section (2) fails
to show cause within the time specified in
the notice or within such extended time as
the Assistant Collector may allow in this
behalf, or if the cause shown is found to be
insufficient, the Assistant Collector may
direct that such person shall be evicted
from the land, and may, for that purpose,
use or cause to be used such force as may
be necessary, and may direct that the
amount of compensation for damage or
misappropriation of the property or for
wrongful occupation, as the case may be,
be recovered from such person as arrears
of land revenue.

(4) If the Assistant Collector is of
opinion that the person showing cause is
not guilty of causing the damage or
misappropriation or wrongful occupation
referred to in the notice under sub-section
(2), he shall discharge the notice.

(5) Any person aggrieved by an
order of the Assistant Collector under subsection (3) or subsection (4), may within
thirty days from the date of such order,
prefer an appeal to the Collector.

(6)
Notwithstanding
anything
contained in any other provision of this
Code, and subject to the provisions of this
section every order of the Assistant
Collector under this section shall, subject
to the provisions of sub-section (5) be final.

(7) The procedure to be followed
in any action taken under this section shall
be such as may be prescribed.

Explanation. - For the purposes
of this section, the word 'land' shall include
the trees and buildings standing thereon.

RULE
66
Information
to
Assistant Collector : The information to
Assistant Collector required by section
67(1) shall be submitted by the Chairman
or any member or the Secretary of the
Land Management Committee, or any
officer of the Local Authority concerned
in R.C. Form-19.

RULE 67 Further inquiry by
Assistant Collector: (1) On receipt of the
information under rule 66, or on facts
otherwise coming to his knowledge, the
Assistant Collector may make such inquiry
as he deems proper and may obtain further
information
regarding
the
following
points:-

(a) full description of damage or
misappropriation caused or the wrongful
occupation made with details of village,
plot number, area, boundary, property
damaged or misappropriated and market
value thereof;

(b) full address along with
parentage of the person responsible for
such
damage,
misappropriation
or
wrongful occupation;

(c)
period
of
wrongful
occupation, damage or misappropriation
and class of soil of the plots involved;

(d)
value
of
the
property
damaged or misappropriated calculated at
the circle rate fixed by the Collector and
the amount sought to be recovered as
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
627
damages. (2) The Assistant Collector shall
thereafter proceed to take action under
section 67(2) and for that purpose issue a
notice to the person concerned in R.C.
Form-20 to show cause as to why
compensation
for
damage,
misappropriation or wrongful occupation
not exceeding the amount specified in the
notice be not recovered from him and why
he should not be evicted from such land.

(3) If the notice referred to in
section 67(2) remains uncomplied with or if
the cause shown by the person concerned is
found to be insufficient, the Assistant
Collector may direct by order that-

(a) such person be evicted by
using such force as may be necessary; or

(b) the amount of compensation
for
damage
or
wrongful
occupation
ordered by the Assistant Collector, if not
paid in specified time, may be recovered as
arrears of land revenue, including the
amount of expenses referred to in sub-rule
(3).

(4) The amount of damages
sought to be recovered and the expenses of
execution of the order shall be specified in
such notice, which shall be determined in
the following manner:-

(a) In the case of damage or
misappropriation, the amount of damages
shall be assessed at the prevailing market
rate.

(b) In the case of unauthorized
occupation of any land, the amount of
damages shall be the amount equal to the
five percent of the market value of the land
calculated at the circle rate fixed by the
Collector for each year of unauthorized
occupation.

(c) The expenses of execution of
the order shall be assessed on the basis of
one day's pay and allowances payable to
the staff deputed.

(5) If the person wrongfully
occupying the land has done cultivation
therein, he may be allowed to retain
possession thereof until he has harvested
the crops subject to the payment by him of
the amount equal to the five percent of the
market value of the land calculated as per
the circle rate which shall be credited to
the Consolidated Gaon Fund or the Fund
of the local authority other than the Gram
Panchayat as the case may be. If the person
concerned does not make the payment of
the aforesaid amount within the period
specified in the notice in R.C. Form-20, the
possession of the land shall be delivered to
the Land Management Committee or the
local authority, as the case may be,
together with the crop: Provided that
where such person again wrongfully
occupies the same land or any other land
within the jurisdiction of the Gram
Panchayat or the local authority as the
case may be, he shall be evicted therefrom
forthwith and possession of the land vacant
or together with the crop thereon shall be
delivered
to
the
Land
Management
Committee or the local authority as the
case may be.

(6) The Assistant Collector shall
make an endeavour to conclude the
proceeding under section 67 of the Code
within the period of ninety days from the
date of issuance of the show cause notice
and if the proceeding is not concluded
within such period the reasons for the
same shall be recorded.

(7) Nothing in sub-rule (5) shall
debar the Land Management Committee or
the local authority as the case may be from
prosecuting the person who encroaches
upon the same land second time in spite of
having been evicted under the Code or the
rules, under section 447 of the Indian
Penal Code, 1860. (8) There shall be
628 INDIAN LAW REPORTS ALLAHABAD SERIES
maintained in the office of each Collector a
register in R.C. Form-21 showing details
of the amount ordered to be realized on
account of damages and compensation
awarded in proceedings under section 67.

(9) A similar register shall also
be maintained by each tahsildar showing
realization of damages and compensation
awarded in such proceeding. The entries
made in the register maintained at tahsil
shall be compared with the register
maintained by the Collector to ensure
accuracy of the entries made therein.

(10) A progress report showing
realization of damages and compensation
awarded in proceedings under section 67
shall be sent to Board of Revenue, U.P.,
Lucknow by the fifteenth day of April and
October every year. The Board after
consolidating the report so received from
the
districts
shall
send
it
to
the
Government.

(11) Nothing in rules 66 and 67
shall debar any person from establishment
of his right, title or interest in a court of
competent jurisdiction in accordance with
the law for the time being in force in
respect of any matter for which any order
has been made under section 67 of the
Code."

12. The R.C. FORM-19, R.C. FORM20 and R.C. FORM-21 prepared under
Rules 66 and 67 of Rules 2016 regarding
furnishing of information to Assistant
Collector, notice issued by the Assistant
Collector to the unauthorized occupation of
the property and register of the collector
showing amount as realized on account of
damages. The R.C. FORMS 19, 20 and 21
are being delineated below :-

R.C. FORM-19
[See Rule-66]

Information to Assistant Collector required
by section 67(1) regarding
Plot no....area...of the
Village.........Pargana........Tahsil.......Distr
ict.........

To,
The Assistant Collector/Tahsildar
Tahsil ...........................
District..........................
Sir,
Sri............s/o.............r/oVillage...............
Pargana.......
Tahsil.........District.........has
wrongfully
occupied or has caused or is causing
damage to, or misappropriation of, the
property entrusted to the Gram Panchayat
/local authority .........specified below :-
(1) Plot No...............
(2) Village ......................
(3) Tahsil........................
(4)Area of Plot..................
(5)Details
of
damage/misappropriation/unauthorised
occupation.......
(6)
Year
of
the
unauthorised
occupation..............
(7) Market value of the property calculated
at
the
circle
rate
fixed
by
the
Collector........
(8) Damages claimed .................
You are, therefore, requested to take
necessary action against the unauthorised
occupant aforesaid regarding recovery of
damages/compensation and eviction of the
unauthorised occupants.
Dated..................................

The Chairman/Member/Secretary of LMC/
any other member of the Gram Sabha
R.C. FORM-20
[See Rule-67(2) and 67(5)]
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
629
In the Court of Assistant
Collector/Tahsildar...............
Tahsil............District............
Case No.......of..............
Gram Panchayat/Local Authority............
Versus
............................................

To,
Sri..................
s/o......................
r/o..........................
Whereas I am satisfied from the
report/information
dated..........of the Chairman
/member/secretary of the Land
Management
Committee........../..............(name &
address of
other informant)/.......... (name of the local
authority) that you-
(a) have damaged/ are damaging the
property specified below;
(b) have misappropriated the property
specified below;
(c) are in unauthorised occupation of the
property specified below:

Details of property entrusted to the Gram
Sabha/
Local authority to which this notice relates.
(1)Plot No....................
(2)Village ......................
(3)Tahsil........................
(4)Area of Plot ................
(5)Details of
damage/misappropriation/unauthorised
occupation.....
(6)Market Value of the property
damaged/misappropriated/unauthorised
occupation.......
(7) Damages claimed ......................
(8)Expenses of execution.........................
Therefore, notice is hereby given to you
that you should within..........days.........(1)
remove the wrongful occupation and
deposit the damages of 152 Rs.............and
in case you want to harvest the crop before
vacating the land, further deposit the
amount of Rs..............as rent; (2) repair
the damage or make good the loss on
account of misappropriation, or/and
deposit Rs.............as damages for causing
damage to or misappropriation of the
property entrusted to the Gram
Panchayat/local authority; (3) do or
refrain from doing...........and appear
before me in my court room on..........(date)
at...........(time) to report compliance with
this notice or to show cause against it.

You are also informed that in case you do
not attend on the specified date and time
either in person or through an advocate
and do not file any objection against the
show cause notice, a decision in the matter
would be taken and orders shall be passed
against you exparte.
Issued under my hand and the seal of the
court this ........day of .....20..
Seal of the Court Presiding Officer
Designation.......
Date............
Note: Deposit of damages can be made
either with the Chairman of the Land
Management Committee or the Local
authority, as the case may be, and receipt
may be obtained.
R.C.FORM-21
[See Rule-67(8)]
Register showing details of the amount
ordered to be realized on account of
damages and compensation awarded in
proceedings under section 67 of the Code
Tahsil............District....................

SI.
N
Case
Numb
Name
s of
Dat
e of
Amou
nt
Amou
nt
Remar
ks
630 INDIAN LAW REPORTS ALLAHABAD SERIES
o.

er and
year

the
Parti
es

ord
er

order
ed to
be
realiz
ed

realiz
ed

1
2
3
4
5
6
7

13. For the purpose of proceedings
under Section 67 of the U.P Revenue Code,
2006, the Government of Uttar Pradesh
vide Government Notification dated
29.12.2020
has
authorised
the
Tahsildar/Tahsildar
(Judicial)
to
discharge the acts of Assistant Collector.
The Government Order dated 29.12.2020 in
Hindi as well as in English languages is
being delineated below :-

"उत्तर प्रिेश शासन
राजस्ि अनुिाग-1
संख्या- 1510 / एक-1 -2020 -रा0 -1
िखनऊ: दिनांक: 29 दिसंबर, 2020
अचिसूचना
उत्तर प्रिेश राजस्ि सदहत, 2006 (उत्तर प्रिेश
अचिननयम संख्या 8 सन 2012 ) की िारा 14
की उपिारा (2) और िारा 219 के अिीन
शजक्तयों का प्रयोग करके राज्यपाि उक्त
अचिननयम की िारा 67 के अिीन यथा विदहत
रूप में सहायक किेक्टर के कृत्यों का ननिाहन
करने के लिए दिनांक 11 फ़रिर , 2016 से
तहसीििार और तहसीििार (न्यानयक) को
प्राचिकृत करती है |
Uttar Pradesh Shasan
Rajaswa Anubhag-1
In pursuance of the provisions of clause (3)
of Article 348 of the Constitution of India,
the Governor is pleased to order the
publication
of the
following
English
translation of Notification no.1510/Ek-12020-R-1, dated 29 December, 2020 :
Notification
No.1510/Ek-1-2020-R-1
Lucknow: Dated 29 December, 2020
In exercise of the powers under sub-section
(2) of section 14 and section 219 of the
Uttar Pradesh Revenue Code, 2006 (U.P.
Act no.8 of 2012), the Governor is pleased
to authorize Tahsildar and Tahsildar
(Judicial) to discharge the acts of Assistant
Collector as prescribed under section 67 of
the said Act, with effect from 11 February,
2016."

14. As per the provisions of Section 67
read with Rules 66 and 67 of Rules, 2016,
it is the responsibility of the Samiti
including Chairman i.e. Village Pradhan
and Secretary i.e. Lekhpal to give
information to the Tahsildar for taking
action
in
respect
of
removal
of
encroachment from public land/public
utility land belongs to the Gram Panchyat/
Gram Sabha, but they are not taking any
action, nor the concerned Tahsildar is
taking any action under Section 67 of
Revenue Code to initiate proceedings for
removal of encroachment.

15. As per Rule 195 of the U.P
Revenue Code Rules, 2016 and Section
233 of the Uttar Pradesh Revenue Code,
2006, if any revenue officer does not
decide the suit, application or proceedings
or any other official does not submit the
required report, it amounts to misconduct.

16. Rule 195 of Rules, 2016 and
Section 233 and 67 of the Revenue Code,
2006 give command to concerned authority
of the district/State for taking action against
the erring officials who was not taking
action against the persons who have made
encroachment on the public land/public
10 All. Manoj Kumar Singh Vs. State of U.P. & Ors.
631
utility land under the provisions of
Revenue Code and Rules, 2016 as well as
against Village Pradhan and Lekhpal of the
village Panchyat as well as against Village
Pradhan and Lekhpal of the Village
Panchayat.

The provision of Rule 195 of Rules,
2016 and Section 233 of the Uttar Pradesh
Revenue Code, 2006 are being delineated
below:-

"Rule 195. Misconduct (Section
233).- If any revenue officer doses not
decide the suit, application or proceedings
or any other official does not submit the
required report within the stipulated period
and the sufficient reason for the delay is
not
recorded,
it
would
amount
to
misconduct
under
U.P.
Government
Servant (Discipline and Appeal) Rules,
1999."

Section 233. Rules. - (1) The State
Government may, by notification, make
rules for carrying out the purposes of this
Code.

(2) Without prejudice to the
generality of the foregoing power, such
rules may also provide for-

(i) The terms and conditions of
service of the Chairman and other
members of the Board;

(ii) Regulating the distribution of
business
of
the
Board
and
making
territorial division of its jurisdiction;

(iii) Guidelines for alteration,
abolition or creation of revenue areas;

(iv)
The
procedure
for
demarcation
of
boundaries,
the
specification,
construction
and
maintenance of boundary marks, levy and
recovery of cost thereof;

(iv-A) The procedure for survey
operation and record operation including
demarcation of abadi by the use of
available
modern
technology
and
digitalization process;

(v) The procedure of preparation
and maintenance of maps, documents,
statements, records and registers under this
Code, procedure for their inspection and
supply of certified copies or extracts
thereof;

(vi) The procedure for submission
of reports about succession and transfer, by
the registering authority to the Tahsildar
and for revision of village records,
including proceedings for mutation and
correction of village records;

(vii)
The
procedure
for
preparation, supply and maintenance of
Kisan
Bahi
and
matters
connected
therewith, including fees to be charged
therefor;

(viii) The procedure regarding
plantation of trees on the sides of public
roads, paths or canals and determination of
disputes regarding trees in abadi and
unoccupied land;

(ix) The protection, preservation
and disposal of properties belonging to or
vested in the State Government, Gram
Panchayat
or
other
local
authority,
including determination of compensation
for damages misappropriation or wrongful
occupation thereof;

(x) The principles for assessment
of land revenue, including its variation,
remission, suspension and apportionment;

(xi) The procedure for collection
of land revenue and other public moneys,
and the matters connected with the
execution of various processes therefor,
including the
fixation
of
costs
and
collection charges;

(xii) The procedure regarding
fixation and commutation of rent, including
circumstances in which the arrears of rent
could be written off;
632 INDIAN LAW REPORTS ALLAHABAD SERIES

(xiii)
The
procedure
for
appointment of legal practitioners in
litigation relating to a Gram Panchayat or
a Bhumi Prabandhak Samiti, and the terms
and conditions of such appointment;

(xiv) The procedure relating to
conduct and prosecution of suits, appeals
and other proceedings, including the
procedure of conducting various inquiries
under the provisions of this Code;

(xv) The procedure for granting
lease by the Collector, cancellation of such
lease
and
eviction
of
unauthorized
occupants from the land belonging to the
State Government, Gram Panchayat and
local authority;

(xvi) The procedure regarding
allotment of land entrusted to the Gram
Panchayat, restoration of possession to the
allottee and cancellation of such allotment;

(xvii) The duties of any officer or
authority having jurisdiction under this
Code and the procedure to be followed by
him;

(xviii) Imposition of limits of time
within which any act specified under this
Code has to be performed;

(xix) The fees to be paid in
respect of suits, appeals, applications and
other proceedings under this Code;

(xx) The regulation of fishing in
rivers, lakes, ponds and tanks entrusted to
a
Gram
Panchayat
or
other
local
authority;

(xxi) The regulation of pasture
lands, cremation or burial grounds, and
catching,hunting and shooting of animals
and birds in villages;

(xxii) Any other matter for which
rules are required to be or may be made
under this Code.

(3) The rules and orders made by
the State Government or the Board before
the commencement of this Code, under any
of the enactments repealed and in force on
the date of such commencement, shall,
except to the extent of inconsistency with
the provisions thereof, continue to be in
force, until they are rescinded, altered or
substituted
in
accordance
with
the
provisions of this Code.

(4) It shall be lawful for the State
Government, in making rules under this
section, to prescribe that any person
committing a breach of the same shall in
addition to any other consequences that
would ensue from such breach, be
punishable with such fine not exceeding
twenty five thousand rupees as the officer
or authority specified for the purpose may
deem fit to impose."

17.