RAM SANEHI Vs. STATE OF U P

JUDGEMENT

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

(2.) This petition has been filed for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 16.12.1983 passed by respondent No. 3 and order dated 2.8.1982 passed by the respondent No. 2 to this writ petition.

(3.) The brief facts of the case are that a notice in form 49-Ka issued by Tehsildar Assistant Collector, Ist. Class, Agra was served on the petitioner inter alia stating that he had illegally taken possession of Gaon Sabha land No. 46 measuring 0-0-3 since 1383 fasli and is liable to pay a sum of Rs. 150 as damages. The petitioner filed an objection inter-alia stating that he is not in possession over the land in dispute and further that proceedings have been initiated against him due to enmity with the members of Gaon Sabha. It was also stated that the Eekhpal had submitted a wrong report under Rule 115Ck of U.P.Z.A. and L.R. Act. It was claimed by him that he had purchased an area of 0-5-0 of plot No. 48 and had raised pucca wall over this land in an area of 0-1-10 of the land of his share of plot No. 48.