SHYAM DEO Vs. COLLECTOR, DEORIA AND OTHERS

JUDGEMENT

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

(2.) By means of this petition filed under Art. 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 26.6.2002 and 24.4.2000 passed by the respondents No. 1 and 2 respectively in the proceedings under Sec. 122-B of the U.P. Zamindari Abolition and Land Reforms Act, for short "the Act".

(3.) The relevant facts of the case giving rise to the present petition are that the Pradhan of the village made a complaint to the respondent No. 2 that the petitioner was in unauthorised possession of Plots No. 245 and 259 of Village Tenua Chaubey Tappa Nai, Pargana Salempur Majhauli, Tehsil Barhaj, district Deoria owned by the Gaon Sabha. He was liable to ejectment and to pay the damages for unauthorised use and occupation of the said land. On the said complaint a notice on Form No. 49-A was issued by the respondent No. 2 to the petitioner The petitioner on receipt of the notice filed reply claiming that he was in possession over the land in dispute from the time of his ancestors and, therefore, he was not liable to ejectment as he was not an unauthorised occupant and the proceedings initiated against him were liable to be dropped. Parties in support of their cases produced evidence. The respondent No. 2 after going through the material on record passed the order dated 24.4.2000 directing ejectment of the petitioner and imposing an amount of Rs. 1,832.00 as damages. Aggrieved by the said order, the petitioner filed a revision before the respondent No. 1. The respondent No. 1 also affirmed the finding recorded by the respondent No. 2 and dismissed the revision by his judgment and order dated 26.6.2002. Hence the present petition.