LAWS(ALL)-2010-8-21

SHIVALA Vs. COLLECTOR HAMIRPUR

Decided On August 04, 2010
SHIVALA Appellant
V/S
COLLECTOR, HAMIRPUR Respondents

JUDGEMENT

(1.) Heard Sri A.R. Dwivedi, learned Counsel for the Petitioner and learned standing counsel, who has accepted notice on behalf of Respondents No. 1 and 2.

(2.) This petition was presented in the year 1996, however, no counter-affidavit was invited and it remained pending since then. The Petitioner is aggrieved by the order dated 29.12.1992 passed by the Respondent No. 2, Tehsildar/Assistant Collector, 1st Class, Hameerpur, as also order dated 1.11.1995 passed by the Collector. Hameerpur, in proceedings under Section 122B of the U.P.Z.A and L.R. Act.

(3.) According to Sri Dwivedi the notice 49-Ka was issued to which the Petitioner had filed his reply, however, by the impugned order dated 29.12.1992 the objection was rejected and damages of Rs. 1,800 were imposed upon the Petitioner alongwith a direction for his ejectment from the land in question being Plot No. 407/1 area 0.065 and Plot No. 401/2 area 0.057 situate in village Mauhar, Pargana Sumerpur, Tehsil and District Hameerpur. Feeling aggrieved the Petitioner filed a revision under Section 333 of the U.P.Z.A. and L.R. Act being Revision No. Nil of 1995 before the Respondent No. 1. Alongwith revision the Petitioner also filed an application for condoning the delay in filing the revision.