ZAHIR Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) SINCE similar questions are involved for determination in all the four writ petitions, therefore, for the shake of convenience, they are being decided by this common order. It may be added that all these writ petitions, except Writ Petition (M/S) No. 1164 of 2001 have arisen out common judgment and order dated 29 -10 -1999 passed by the Additional Collector Haridwar, passed in Revision Nos. 51 of 97 -98,49 of 1997 -98 and 48 of 1997 -98, arising out of order dated 6 -8 -1988 passed by the Respondent No. 2. Writ Petition No. 1164 of 2001 has been preferred against the judgment and order dated 16 -7 -1999 arising out of order dated 29 -3 -1997 passed by the Respondent No. 2. By the impugned orders, the revisions preferred by the Petitioners against the Gaon Sabha have been dismissed by the Additional Collector Haridwar.

(2.) RELEVANT facts of the case giving rise to these writ petitions are that the Petitioners were allotted a piece of land of the Gram Sabha after passing a resolution by the Respondent No. 3. The possession over the land was given to the Petitioners and receipt was also issued to them. Thereafter the Petitioners constructed their houses on the allotted land and they have been residing there, because the Petitioners have no other place to live in. According to the Petitioners, papers were sent to the Sub Divisional Officer for obtaining his approval on the resolution of the Gaon Sabha, who in turn called for report from the Tehsildar. The Tehsildar obtained report from the subordinate revenue officers and made recommendation in favour of the Petitioners. Subsequently, proceedings under Section 122 -B of the U.P. Zamindari Abolition and Land Reforms Act were drawn for eviction of the Petitioners on the report of the Lekhpal, who had reported that the Petitioners are in unauthorized occupation of the Banjar land of Gaon Sabha and have constructed pucca house thereon.

(3.) FROM the side of the Gaon Sabha, Lekhpal of the area examined himself. He proved the report submitted by him, copy of Khasra, extract of Khatauni and site plan. The Petitioners examined the then Gram Pradhan of the village who stated that the land was allotted to the Petitioners through resolution passed by the Gaon Sabha and the Petitioners were given receipts regarding rental of Patta and the Petitioners are living there after constructing their houses. The trial court after hearing both the parties decided the matter on 3 -7 -96. The opposite parties -Petitioners preferred revisions before the Collector Haridwar. The Revisional Court set aside the order of the trial court and remanded the matter with the direction that both the parties be afforded reasonable opportunity to lead evidence and the case be decided on merit.