NINNA Vs. COLLECTOR, HARIDWAR AND OTHERS

JUDGEMENT

(1.) Heard Sri M.S. Tyagi for the petitioner and Standing counsel for the respondents.

(2.) By the present writ petition the petitioner has prayed for a writ of certiorari quashing the orders dated 20.12.2002 and 14.5.2001 passed by the respondent no. 1 and 2, respectively.

(3.) Briefly stated a suit under Sec. 122B of the U.P.Z.A. & L.R. Act was instituted on the basis of report dated 7.1.1988 produced by the Lekhpal before the Tahsildar, Roorkee. Notice in form No. 49-A in respect of Khasra No. 532M area 2205 square feet situated at village Toda Kalyanpur. The petitioner filed objection to the aforesaid notice on the ground that the house of the petitioner is situated on the land since the time of his father prior to the abolition of zamindari and he has the only residential house in the village. The petitioner claimed that the land has been settled with him at the time of zamindari abolition under Sec. 9 of the U.P.Z.A. & L.R. Act and the benefit of section 123 of the aforesaid Act is available to the petitioner. On 28.4.1989 Tahsildar, Roorkee has passed the order directing the eviction of the petitioner. However, petitioner preferred a revision in the Court of Collector, Haridwar, which was allowed on 28.8.1991 and the case was remanded to the Tahsildar, Roorkee. After the remand of the case the matter was again heard by the Tahsildar. On 30.9.1999 Tahsildar passed the order taking back the notice issued in Form No. 49-A. Gaon Sabha filed a revision in the Court of Collector against the order passed by the Tahsildar. The revisional Court vide order dated 24.3.2000 again remanded the matter for consideration on the following points: