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Deoria murders: Allahabad HC stays order to raze accused’s house
The Allahabad high court has stayed the demolition order of a house belonging to the father of a man who was killed over a land dispute in Deoria district.
The Allahabad high court on Monday stayed the order of a revenue official of Deoria district for the demolition of a house belonging to the father of Prem Chand Yadav who was among six killed over a land dispute in Deoria’s Fatehpur village on October 2.
Prem Chand’s father Ram Bhawan Yadav is an accused in the murder of five members of a family committed on that day. On October 11, the tehsildar concerned had issued the demolition order on the ground that house had been constructed on the gram sabha land recorded as ‘khalihan’.
The petitioner had moved the court challenging the order of the tehsildar. Counsel for the petitioner submitted that authorities are adamant about demolishing the house as the petitioner has filed an instant petition without availing remedy of appeal under Section 67 (5) of UP Revenue Code, 2006.
He further submitted that even on merit, the impugned order cannot be maintained, but without affording a proper opportunity of hearing as well as without making proper survey and demarcation, the order for ejectment and damages had been passed against the petitioner.
The petition was opposed by the state counsel as well as on behalf of the land management committee of village by saying that impugned order is appealable under Section 67 (5) of U.P. Revenue Code, 2006 as such writ petition is liable to be dismissed on the ground of alternative remedy.
However after going through the arguments as well as law laid down by the court in such a situation, the court directed the petitioner to file an appeal before the concerned collector against the order passed by the tehsildar within two weeks.
“If the appeal is filed within the aforesaid period, the same shall be registered and disposed of in accordance with ratio of law,” directed the court. The court further directed that the order dated October 11 passed by Tehsildar for demolition and damages shall not be given affect till the disposal of petitioner’s appeal.
