‘Never Intended To Offend’: Bijnor DM Offers Unqualified Apology After Allahabad HC Pulls Up Over ‘Explaining the Law’

The Collector of Bijnor has filed an unconditional and unqualified apology before the Allahabad High Court following sharp criticism over her conduct in an ongoing PIL concerning alleged encroachments on graveyard land in Village Taimoorpur, District Bijnor.

The matter pertains to a Public Interest Litigation filed by one Sartaj, highlighting encroachments on three parcels of graveyard land bearing Gata numbers 5, 106, and 116. The petitioner sought restoration and protection of the land, which is recorded as “Kabristan” in government revenue records.

On April 7, 2025, the high court directed the District Magistrate of Bijnor to furnish instructions on the nature and usage of the land. Despite multiple reminders and compliance orders, the DM failed to file the necessary instructions, prompting the court on April 18 to direct her to file a personal affidavit. The court warned that failure to do so would necessitate her personal appearance.

Subsequently, the Collector filed an affidavit confirming the land's status as a graveyard and listed eight eviction proceedings that had been initiated against alleged encroachers. These cases, under Section 67 of the U.P. Revenue Code, 2006, were said to be pending before the Tehsildar.

However, matters took a sharp turn on May 15, when the court expressed strong displeasure at a "malpractice" noticed in the timing of eviction hearings—scheduled conveniently on the same dates when the matter was listed before the high court. The bench termed this a strategy to avoid proper supervision and directed the Collector to ensure such scheduling does not recur.

More seriously, in her subsequent affidavit, the Collector attempted to explain the hearing timeline by quoting Rule 67(6) of the U.P. Revenue Code Rules, 2016. The court took strong umbrage at this, stating that the Collector appeared to be questioning the court’s legal understanding by quoting an irrelevant provision.

Justice J.J. Munir observed that the Collector had attempted to "insult this court’s understanding of the law."

Faced with the court's reprimand, the Collector on May 29 submitted another personal affidavit, this time tendering an unconditional and unqualified apology. She assured the court that the malpractice regarding dates would not be repeated and that she had no intention to undermine the court's authority. The affidavit emphasized that there was no willful disobedience on her part and the Collector deeply regretted the inconvenience caused.

"It is most respectfully submitted that the deponent did not even dream to offend the dignity of the Hon'ble Court, for which the deponent/Collector, District Bijnor tenders her unconditional and unqualified apology for kind consideration of this Hon'ble Court," the affidavit stated.

The next hearing is now scheduled for July 4, 2025, by which time the Collector is required to file an up-to-date status report on the eviction proceedings.

Case Title: Sartaj vs State of UP and 4 Others