SUKHVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of instant writ petition, the petitioner has sought a writ, direction or order in the nature of certiorari quashing the order of Asstt. Collector/Tahsildar concerned dated 24-9-1991, and order dated 30th March, 1992, of the Addl. Collector Muzaffar Nagar (Annexures 2 and 3 to the writ petition, respectively).

(2.) The present petition arises out of proceedings started under Section 122-B of U.P. Z.A. and L.R. Act. The petitioner is a resident of village Jagdishpura Pargana Thana Bhawan Tehsil Kairana district Muzaffar Nagar. The Lekhpal Heend submitted a report against the petitioner on the allegations that the petitioner had taken unauthorised- possession and made encroachment on Gata Sankhya 12 measuring 0. 45 i.e. 580 sq. yards situate in village Heend which was reserved for Abadi purposes and taken possession unauthorised A notice was served under Rule 114 (Gha), vide annexure-1 to the petition. Consequently, the proceedings under Section 122-B, were started against the petitioner in which the petitioner submitted his objections stated that he was not in possession over the plot in dispute nor he bad ever taken its possession. The petitioner gave his oral statement and also produced former Pradhan of the Gaon Samaj which showed that he was not in possession of the plot in dispute at all, nor he had ever taken possession thereof and the disputed land had been allotted to his sons. It is stated that during the hearing of the proceedings, Tahsildar misdirected himself to the validity of the allotment in favour of his sons. The Tahsildar held the petitioner to be in unauthorised possession over the land concerned and imposed a fine of Rs. 5800/- upon ejectment of the petitioner. Subsequently, a revision was filed by the petitioner which was to rejected by the Additional Collector, Muzaffarnagar.

(3.) I have heard Shri G. D. Srivastava learned Counsel appearing for the petitioner and have perused the record. None has appeard for the opposite parties, though the list has been revised.