RAJPATI DEVI Vs. COLLECTOR, DEORIA AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this petition filed under Art. 226 of the Constitution of India the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 5.10.2002 passed by the respondent No.l allowing the revision filed by the Gaon Sabha.

(3.) It appears that proceedings under Sec. 122-B of the U.P. Zamindari Abolition and Land Reforms Act, for short, 'the Act', were initiated against the petitioner with respect to the land in dispute. The1 petitioner filed objection contending that she was in possession of the land in dispute on the basis of allotment made in her favour by the Gaon Sabha, therefore, she cannot be ejected from the same. It was also urged that the petitioner was entitled to protection of clause (4-F) of Sec. 122-B of the Act. The Additional Collector found the possession of the petitioner valid and discharged the notice vide judgment and order dated 31.7.2001. Feeling aggrieved by the order passed by the Additional Collector, Gaon Sabha filed a revision before the Collector. The Collector after noticing the facts of the case held that the land in dispute was reserved for plantation of trees (public purposes) and was covered by Sec. 132 of the Act. It was also stated that the land was initially reserved for construction of a hospital. According to the findings recorded by respondent No. 1 the trees were not planted. He has taken the view that the land which is covered by Sec. 132 of the Act (public purposes) cannot be allotted in favour of any person. He has also referred to a decision of the Apex Court in the case of Hinchalal Tiwari Vs. Kumla Devi and others, 2000 AWC 2398 to 2402 and dismissed the revision by the impugned order. Hence the present petition.