RAJU Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) This petition has been filed challenging the order dated 07.04.2016 passed by the Additional Collector, Hardoi, under Section 65(5) of U.P. Revenue Code, rejecting the Appeal and also the order dated 28.01.2016 passed by the Assistant Collector/ Tehsildar (Judicial) Bilgram, District Hardoi in Case No.T20151033031557 under Section 122B of the Zamindari Abolition Act.

(2.) It is the case of the petitioner that the Area Lekhpal submitted an incorrect report on 25.03.2015 on the basis whereof the proceedings under Section 122B of the Act were initiated against him. The petitioner filed his objections to the show-cause notice saying that he had constructed his residential house 25 years ago on the said Gaon Sabha land and he is a landless labour having no other land in the village concerned. His objection was arbitrarily rejected despite the fact that petitioner himself gave his oral evidence and also produced one other witness in support of his claim that he was living in the village concerned for the past 25 years, and was in the occupation of the Gaon Sabha land since the very beginning.

(3.) It has been submitted by learned counsel for the petitioner that the Lekhpal who had filed the report of illegal encroachment also appeared before the Tehsildar (Judicial) and in his statement admitted that he was posted as Lekhpal in the village concerned only for past three years and he has no knowledge whether the petitioner was in possession of the Gaon Sabha land since before 2007. Despite such admission by the Lekhpal, the Tehsildar (Judicial) passed the order dated 28.01.2016 saying that the petitioner was in illegal possession of 0.015 hectare of Gata No.171 which was Gaon Sabha land and therefore, directed his ejectment and imposed a penalty of Rs.30,000/- for the loss caused to the Gaon Sabha property. The petitioner feeling aggrieved filed an Appeal under Section 67(5) of the U.P. Revenue Code, 2006. The Appeal has also been rejected without looking into the valid ground raised by him for setting aside the order passed by the Tehsildar.