CHHOTEY LAL Vs. ADDL UPPER COLLECTOR

JUDGEMENT

(1.) Heard Sri R. C. Chaturvedi, learned counsel holding brief of Sri K.S. Kushwaha learned counsel for the petitioner, and Sri Sandeep Mukherjee, learned standing counsel for the State respondents, None appears for the Gaon Sabha of village Udaipur through the Land Management Committee of Village Udaipur, Pargana and Tehsil Chail, district Allahabad.

(2.) In the petition the orders dated 24.6.1987 (Annexure-2 to the writ petition) and 30.6.1988 (Annexure-3 to the writ petition) passed by the Tehsildar, Chail, district Allahabad and Additional Collector, Allahabad respectively are under challenge, whereby both the authorities concurrently by their impugned orders on the basis of the fact finding that the land in possession of the petitioners is Talab/big water pond, which is in unauthorised possession of the petitioner, therefore, the petitioner was to be evicted from the land in question treating it as unauthorised possession.

(3.) According to the petitioner he is owner of the land in question by virtue of Section 122B (4F) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter in short called as the U.P.Z.A. and L.R. Act).