DAYA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Shri A.N.Srivastava, learned counsel for the petitioner and learned standing counsel for the respondents.

(2.) THIS writ petition arises out of proceedings under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act. The first order which has been challenged through this writ petition was passed on 31.10.1998 by Assistant Collector/Tehsildar, Tehsil Bilhaur District Kanpur Nagar in case no.209 underSection 122-B - Gaon Sabha vs. Daya Ram copy of the said order is Annexure-8 to the writ petition. Through the said order eviction of the petitioner from gaon sabha plot no.896 area 0.102 hectare situate in village Chaudharypur was directed and damages of Rs.27,765.00 were also imposed against the petitioner. The allegation against the petitioner was that on the land in dispute petitioner had encroached by constructing house and dumping the waste (ghoora). In the revenue record land in dispute was entered as usar.

(3.) AGAINST the order dated 31.10.1998 petitioner filed revision no.13 of 1998 which was dismissed by Additional Collector, Kanpur Nagar on 16.12.1998. Copy of the said order is Annexure-10 to the writ petition which has also been challenged through this writ petition. Revisional court observed that petitioner contended that petitioner's father was in possession for 100 years and the land in dispute was being used as khaliyan since 1949 and Nanha and some other persons tried to interfere in the possession of petitioner's father hence he filed original suit no.137 of 1949 which was decided in his favour.