SETHAN AND OTHERS Vs. SUB

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel.

(2.) By means of this writ petition, filed under Art. 226 of the Constitution of India, the petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 3.2.2000 and 22.2.2001 passed by the respondents No. 1 and 2 respectively.

(3.) It appears that the land in dispute was allotted to the petitioners for plantation of trees. Since the trees were not planted but land was being used for agricultural purposes, therefore, a complaint was filed against the petitioners under Sec. 198 of the U.P. Zamindari and Land Reforms Act, 1950, for the short the Act, for ejectment of the petitioners. The petitioners on receipt of the notice from the competent authority filed objection pleading that the trees were planted by them, which are standing on the land in dispute. Thereafter the competent authority asked for a report of Supervisor Qanoongo, who after making local inspection submitted his report against the petitioners. The petitioners also produced evidence in support of their cases. The respondent No. 2 after going through the material on the record held that no plantation was done by the petitioners within the time prescribed under the law after the land was allotted to them. Having recorded the said findings, he passed order of ejectment against the petitioners. Challenging the validity of the said order, the petitioners filed an appeal before the Collector, Muzaffarnagar. The Collector has also affirmed the findings recorded by the respondent No. 2 and dismissed the appeal by the impugned order dated 22.2.2001.