MAN SINGH Vs. ADDL COLLECTOR TEHSILDAR JANSATH GAONSABHA

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This petition has been filed for quashing the orders dated 30.7.1985 and 19.11.1984 passed in proceedings under Section 122-B of the U.P.Z.A. & L.R. Act by respondent Nos. 1 and 2 respectively.

(3.) Brief facts of the case are that a report under Rule 115-C of the U.P.Z.A. & L.R. Rules was submitted by the Lekhpal alleging that the petitioner has encroached upon one biswa and 4 biswansis land of plot No. 144 since 1391 Fasli which was the Gaon Sabha property. Notice in form 49-Ka was issued to the petitioner who filed his objection on 29.6.84 interalia, stating that prior to 1972 the land belonged to Gaon Sabha. In the year 1972 plot No. 144 was allotted to several persons including one Zulfikar son of Rahamo who had put up a hut over the said land and had remained in possession over it for more than 11 years who transferred the land and the hut to the petitioner in 1984 for Rs. 99/- only. It is submitted that the petitioner also had made his hut on a part of the land said to have been allotted to Zulfikar.