DHANI RAM Vs. ADDL DISTRICT COLLECTOR

JUDGEMENT

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

(2.) This writ petition has been filed challenging the proceedings under Section 122B of the U.P. Zamindari Abolition and Land Reforms Act initiated against the petitioner in respect of plot No. 1193 measuring 1 bigha.

(3.) The petitioner was in possession over the land in dispute on the basis of a lease granted to him on 21.6.1967 by the Gaon Sabha. He has been continuously paying the land revenue for the same to the Gaon Sabha and has paid the rent up to date and the last payment has been made on 17.5,1984. Photostat copy of the lease deed dated 21.6.1967 as well as Photostat copy of the receipt of the payment dated 17.5.1984 have been annexed as Annexures-1 and 2 to the writ petition. The petitioner has neither given any evidence nor filed any "Patta" on the basis of which he claimed rightful owner of the disputed land. The trial court directed eviction of petitioner Dhani Ram from the land of the Gaon Sabha, i.e., Gata No. 1193 area 2 acres and also imposed damages amounting to Rs. 1,040 for the year 1389 and 1390 Fasli.