PANCHAM LAL Vs. STATE OF U P

JUDGEMENT

(1.) -No counter-affidavit has been filed till date by any of the respondents in spite of notice.

(2.) HEARD counsel for the petitioners and Sri V. K. Singh, counsel for the Gaon Sabha and perused the record.

(3.) THE Lekhpal on 30.8.1975 submitted a report that Pancham and one Kali Charan were in unauthorised possession of the plot aforesaid for the past over 12 years and the land in dispute was recorded as usar land in the revenue records but it is Gaon Sabha property. Notice in Form No. 49ka was issued to the Petitioner No. 1 who filed objection stating that the land in dispute was abadi and filed copy of khewat of 1357 fasli. In support of his case he also examined Tula Ram, Natthi Bal, Madan and Kishan Lal. Except filing of khasra, no evidence was adduced by the Gaon Sabha. It is alleged that Gaon Sabha failed to substantiate that the land in dispute was usar land and it belonged to Gaon Sabha. By an order dated 17.5.1976 passed in Case No. 479 of 1975-76, Gaon Sabha v. Pancham Lal and others, the Tahsildar, Iglas, district Aligarh ordered the eviction of Petitioner No. 1 and Kali Charan from the land in dispute and further ordered recovery of Rs. 20 as damages from them observing that if the petitioner Pancham Lal and others wanted to have adjudication of their rights, title and interest in respect of the land in dispute, they may do so within a period of one month before the competent authority.