LOKNATH SHUKLA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri Triveni Shankar, for the petitioner and Standing Counsel, for State of U.P. and Standing Counsel for Gram Panchayat.

(2.) THE writ petition has been filed against the orders of Additional Commissioner, dated 06.10.2008 and Board of Revenue, U.P. dated 08.09.2014 passed in proceeding arising out of suit under Section 229 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).

(3.) THE petitioner filed a suit (registered as Suit No. 69/60 of 1989 -90) under Section 229 -B of the Act, on 02.05.1988, for declaring him as 'bhumidhar' of plot 77/2 (area 12 -0 -0 bigha) of village Nikarika, pargana Bhagwat, district Mirzapur. It was stated in the plaint that land in dispute was taken by him on patta on 30.04.1945 from the then zamindar and since then he was in cultivatory possession of it. The land in dispute was uneven land and after investing huge amount he made it cultivable. There is no forest on the land in dispute but Forest Department of State of U.P. illegally began to fix pillars over the land in dispute. It may be mentioned that Gaon Sabha filed written statement, admitting the case of the petitioner. Suit was contested of Forest Department of State of U.P. claiming that the land in dispute was reserve forest. Assistant Collector, by order dated 29.08.1991 decreed the suit.