The Allahabad High Court, on Monday, temporarily halted the order by a revenue official in Deoria district to demolish the residence of Prem Chand Yadav. This action follows the tragic incident where Prem Chand Yadav and five others lost their lives in a land dispute.
On October 11, the Tehsildar of Deoria issued a demolition directive for the residence owned by former District Panchayat member Prem Chand. Ram Bhawan Yadav, the father of Prem Chand Yadav, appealed to the High Court against the demolition order.
On October 2, a tragic incident occurred when 50-year-old Prem Chand was brutally assaulted and fatally injured with sharp-edged weapons by his adversary, Satyaprakash Dubey, and members of Dubey's family while he was at his own residence.
In a retaliatory act, shortly after the initial incident, supporters of Prem Chand launched an attack on Satyaprakash Dubey's residence, resulting in the brutal killing of Dubey and five members of his family, including children.
The order was issued by Justice Chandra Kumar Rai in response to an appeal filed by Ram Bhawan Yadav challenging the original demolition order.
The legal representative for the petitioner argued that the authorities remained unyielding in their determination to demolish the house, pointing out that Ram Bhawan filed the immediate petition without first seeking recourse through the appeal process under Section 67 (5) of the UP Revenue Code, 2006.
The counsel for the petitioner also contended that, in terms of merit, the challenged order cannot be sustained. This is because the order was issued without granting the petitioner a fair hearing and without conducting a thorough survey and demarcation process, which resulted in the issuance of an eviction order and the imposition of damages against the petitioner.
The Chief Standing Counsel for the State, JN Maurya, argued that the disputed land is registered as 'khalihan,' and therefore, there is no need for any intervention in this matter.
The court made the following observation: "In accordance with the legal precedent established in the Ali Sher case, the order issued by the Tehsildar on October 11, which pertains to demolition and damages, should not be enforced until the petitioner's appeal under Section 67 (5) of the UP Revenue Code, 2006, is resolved."
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