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

JUDGEMENT

(1.) Orders dated 05.10.2010 and 19.10.2010 passed in this writ petition are quoted below:

(2.) This writ petition is directed against orders dated 30.06.1998 and 05.08.1998 Annexure 7 and 8 to this writ petition. First order was passed by Tehsildar/Assistant Collector Ist Class Mant, district Mathura in case No. 51 of 1997-98 Gram Samaj v. Chidda. The allegation against the Petitioner was that he had encroached upon Gaon Sabha plot No. 281 area 0.43 acres, plot No. 294 area 1.60 acres and plot No. 304 area 1.2 acres total area 3.31 acres. Petitioner filed objections to the notice which was issued to him in proforma 49 ka and contended that his possession was about 10 years old, since the time of consolidation. Earlier also order of eviction was passed against the Petitioner by the Tehsildar against which revision was filed which was decided by Assistant Commissioner on 24.03.1976. Thereafter matter was brought to Board of Revenue, Allahabad which decided the revision on 14.11.1977 and remanded the matter for fresh trial. Thereafter, fresh notice in proforma 49 ka was issued on the basis of which the case in question i.e. case No. 51 of 1997-98 was registered and decided on 30.06.1998. It is not understandable that why there was a delay of 20 years i.e. between 1977 when Board of Revenue remanded the matter and 1997 when fresh case was registered.

(3.) The crop sown by the Petitioner was also attached. Petitioner also pleaded that patta of the land in dispute had been allotted in his favour by gram sabha as he was an ex-Army man. To substantiate the plea of grant of patta Petitioner filed some receipts. The Tehsildar held that Petitioner had not produced proceedings register, resolution, agenda etc. to prove valid allotment. Ultimately, it was held that Petitioner was in unauthorised occupation since 29.12.1973, he should be evicted and should also pay damages of Rs. 20,000/-. The said order was passed by the Tehsildar on 30.06.1998. Against the said order Petitioner filed revision No. 74 of 1997-98. Collector Mathura dismissed the revision on 05.08.1998 hence this writ petition.