SAIDUL REHMAN KHAN Vs. ADDITIOINAL COLLECTOR AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against order dated 29.06.1991 passed by Additional Tehsildar/Assistant Collector, First Class, Sambhal, District Moradabad in Case No. 160, Gram Sabha v. Saidul Rehman Khan Khan under Section 122B of U.P.Z.A. and L.R. Act. The allegation against the Petitioner in the said case was that he had encroached upon Plot No. 242/378, area 0.51 acres belonging to Gram Sabha Takht Gosain. The Petitioner appeared in the said case and contended that he was in possession of the property in dispute for 35 -40 years (proceedings had been initiated on the basis of report dated 09.03.1990 in which it was stated that the possession was for one year.) It was further contended that earlier also Gram Sabha had initiated proceedings with respect to the same land against the Petitioner under Rule 115 -D of U.P.Z.A. and L.R. Rules, in the form of case No. 158 of 1976 which were dismissed and that the Petitioner had acquired right of bhumidhari. Petitioner only filed copy of the statement of lekhpal dated 23.02.1976 in earlier Case No. 158. It is also mentioned in the impugned order that counsel of the Petitioner contended that the land in dispute was included within the limits of Nagarpalika, hence action could be initiated only by Nagarpalika. Tehsildar directed eviction of the Petitioner and imposed Rs. 2048/ - as damages, penalty and expenses for execution. Against the said order Petitioner filed Revision No. 99 of 1991, which was dismissed by A.D.M. Administration, Sambhal, Moradabad on 28.02.1992. Said order has also been challenged through the writ petition.

(2.) IN the revision Petitioner contended that Nagarpalika had granted some patta in his favour. No such plea had been taken before the Tehsildar either in the written statement or oral statement or even in arguments. It was also argued before the revisional Court that through notification dated 11.08.1954, the land had been included within the limits of Nagarpalika, Sambhal. Reference to the earlier case under Section 122B/Rule 115D of Z.A. and L.R. Act/Rules was also made before the revisional Court. The first point which revisional Court decided was in respect of inclusion of the land in dispute within the limits of Nagarpalika, Sambhal. The Collector found that in the certified copy of khasra of the village from 1381 to 1391 Fasli, there was overwriting in the entry against 1391 Fasli and in 1383 Fasli and 1384 Fasli khasras land in dispute was shown as parti and thereafter there was no entry. Revisional Court further held that from perusal of the copy of khasra filed by lekhpal, it was quite clear that land in dispute was included in the area of the Gram Sabha of the village concerned and Petitioner's adverse possession was recorded therein. The Collector further held that from the notification dated 11.08.1954, it was clear that only part of land of village Takht Gosain was included in the Nagarpalika. Revisional Court also referred to the notification dated 15.07.1986 obtained from the Nagarpalika, Sambhal and mentioned that from the said notification it was clear that only following plot numbers of the village Takht Gosain were included in the territory of Nagarpalika, Sambhal:

(3.) THIS writ petition also arises out of proceedings under Section 122B of U.P.Z.A. and L.R. Act. After serving notice in proforma 49 Ka, the case was registered against the Petitioner in the form of case No. 172 Gram Sabha v. Saidul Rehman Khan Village Takht Gusai. The said case was decided against the Petitioner on 23.06.1991 by Additional Assistant Collector Ist Class Sambhal District Moradabad, copy of the said judgment is Annexure 2 to the writ petition. Against the said order Petitioner filed revision No. 100 of 1991 which was dismissed by A.D.M. (Administration) Sambhal, Mooradabad on 28.02.1992, copy of the said judgment is Annexure 1 to the writ petition. Both these orders have been challenged through this writ petition.