SALAR BAKSH Vs. COLLECTOR, BAHRAICH AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner is aggrieved by the order dated 28.11.2019 passed by the Collector, District Bahraich and the order dated 17.03.2018 as well as order dated 03.08.2015 passed by the Tehsildar, Nanpara, District Bahraich.

(3.) It is the case of the petitioner that his house is constructed on plot no.523 of village Bhahorikapur, Pargana and Tehsil- Nanpara, District Bahraich. Towards the west of such plot, there is a road on plot no.542 Min. area 1.305 hectares. Proceedings were initiated after the report under the Rules framed under the U.P. Z.A. and L.R. Act was submitted by the area Lekhpal. In the said proceedings under Section 122 B of the Act, it was wrongly alleged that the petitioner had encroached 0.016 hectare of the road situated on plot no.542 Min. The petitioner denied the report dated 01.06.1998 in his reply to the show-cause notice and on 13.12.1999, the Assistant Collector/ Tehsildar Nanpara remitted the file to the Revenue Inspector to enquire into the matter and submit a report with regard to the petitioner's allegation that several other persons and not the petitioner had encroached the public rasta.