TAHENDRA SINGH Vs. GAON SABHA AND ANOTHER

JUDGEMENT

(1.) Heard Shri Lok Pal Singh, learned Counsel for the petitioner as well as the learned Standing Counsel.

(2.) By the present writ petition the petitioner has prayed for a writ of certiorari quashing the orders dated 31.5.2002, 17.7.2002 and 20.11.2002.

(3.) Briefly stated, a notice was issued under Akar Patra 49(a) under the U.P. Zamindari Abolition and Land Reforms Act to late Nagina Singh on 7.2.2002 stating therein that the petitioner has encroached upon the land to the extent of 0.021 in Gata No. 238 and, as such, a sum of Rs. 3000.00was proposed to be recovered towards damages from the petitioner. The petitioner has submitted his objections in reply to the said notice and in paragraph No. 11 it has been stated that the petitioner is the owner of khasra No. 237 and the same has also been purchased by him and he is in occupation of the same which has no concern with the land of Gaon Sabha and, as such, he is not entitled to any damages as he is not in possession of any land of the Gaon Sabha.