MARDAN Vs. COLLECTOR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Sri A. K. Sachan and learned standing counsel for the State. This is a writ petition arising out of proceedings under Section 122B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'the U.P.Z.A. and L.R. Act') on the ground that the petitioner has encroached upon Gaon Sabha land. The stand of the State is that the land of plot No. 93 was recorded as a pond over which the petitioner has encroached upon and has constructed his house.

(2.) The petitioner's contention is that he is in possession over plot No. 161 which was recorded as abadi and not a pond and that he was in a permissive possession over the said land from the then Zamindar even from prior to abolition of Zamindari. The evidence which was led on behalf of the petitioner also was believed by the revising authority. This fact is being stated as it is on record.

(3.) The Tehsildar dropped the proceedings against the petitioner. On a revision filed by the Gaon Sabha the order has been reversed on the ground that the petitioner is in adverse possession even if it is correct that the land was that of the Zamindar.