Allahabad HC Halts Demolition Order in Deoria Land Dispute Case

Allahabad HC Halts Demolition Order in Deoria Land Dispute Case

VoM News Desk | October 17, 2023 | 11:28 AM IST | Breaking News, Courts & Law, Uttar Pradesh | Follow on Google News

Allahabad HC Halts Demolition Order in Deoria Land Dispute Case

Allahabad HC Halts Demolition Order in Deoria Land Dispute Case

In a significant development, the Allahabad High Court has intervened to stay the demolition order issued by a revenue official in Deoria district regarding the house of the late Prem Chand Yadav. Prem Chand Yadav was among the six individuals recently killed in a tragic land dispute. On October 11, the tehsildar of Deoria issued an order for the demolition of the house that once belonged to the former district panchayat member, Prem Chand Yadav. The order was contested by Ram Bhawan Yadav, the father of the deceased.

The horrific incident unfolded on October 2 when 50-year-old Prem Chand Yadav was brutally attacked with sharp-edged weapons, resulting in his death. His assailant was Satyaprakash Dubey and members of his family, who launched the deadly attack as Yadav returned to his house.

In retaliation, Prem Chand’s supporters subsequently stormed Dubey’s residence, leading to the brutal killing of Satyaprakash Dubey and five of his family members, including children.

Justice Chandra Kumar Rai of the Allahabad High Court took cognizance of the matter and issued an order in response to an appeal filed by Ram Bhawan Yadav against the demolition order. The petitioner’s counsel contended that the authorities were determined to demolish the house, despite the fact that Ram Bhawan had not yet pursued the appeal process under Section 67(5) of the UP Revenue Code, 2006.

The counsel further argued that even on merit, the contested order could not be upheld, as it had been issued without affording a proper opportunity for a hearing, and without conducting a thorough survey and demarcation.

The Chief Standing Counsel for the State, JN Maurya, asserted that the disputed land was recorded as ‘khalihan,’ implying that there was no need for external intervention.

In its ruling, the court directed that the order for demolition and damages, passed by the tehsildar on October 11, should not be executed until the disposal of the petitioner’s appeal under Section 67(5) of UP Revenue Code, 2006.

Furthermore, the court disposed of the writ petition, instructing the petitioner to file an appeal before the Collector against the contested order within two weeks from the date of the ruling. The court stipulated that if the appeal was filed within the specified timeframe, it would be registered and addressed in accordance with the law.

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