GRAM PANCHAYAT MAHMOODPUR Vs. ADDL COLLECTOR F&R KAUSAMBI

JUDGEMENT

(1.) HEARD Sri R.C. Singh, for the petitioners, Standing Counsel, for State of U.P., Sri M.N. Singh and Sri L.K. Dwivedi, for respondent -3.

(2.) THE writ petition has been filed against the orders of Assistant Collector, dated 07.01.2013, dropping the proceeding under Section 122 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) initiated against respondent -3 and Additional Collector dated 15.02.2014 dismissing the revision of the petitioners, against aforesaid order.

(3.) THE dispute relates to plots 10 (area 1 -11 -0 bigha) and 20 (area 3 -12 -13 bigha) of village Mahmoodpur, pargana Chayal, district Kausambi. The petitioners filed an application before the Collector Kausambi on 21.11.2011 alleging therein that the land in dispute was wrongly recorded in the name of Higher Secondary School, Manauri although it was land of Gaon Sabha of the categories specified under Section 132 of the Act. Public Inter College Manauri was in illegal occupation of the land in dispute and due to negligence of Revenue Department, Gaon Sabha was suffering loss. It was prayed that an inquiry be made in this respect and Gaon Sabha property be protected. The Collector, by order dated 21.11.2011, directed Sub -Divisional Officer to make spot inspection and in case it is found that land is being illegally occupied then immediate action be taken against illegal occupants and disciplinary action be also taken against Lekhpal. Sub -Divisional Officer by order dated 22.11.2011 called for a report from Lekhpal. Lekhpal submitted his report dated 23.04.2012, stating therein that plot 10 was carved out from old plots 15 -M and 17 -M and plot 20 was carved out from old plot 29, 31, 32 -M and 33 -M, during consolidation. In khasra 1359 F, none of the aforementioned old plots were the property of Gaon Sabha. Management of School produced a Letter No. 11/111 -7 (52 -53) dated 11.02.1955 of Land Acquisition Officer, Allahabad, under which Tahsildar had given possession over the land in dispute to the School on 26.02.1995. Land in dispute was recorded in the name of School prior to consolidation operation and the entries of the name of School was maintained during consolidation. However, it has been recorded in column 6 (2) of the khatauni during consolidation. Sub -Divisional Officer submitted his report on its basis to the Collector on 23.04.2012.