BALI KARAN Vs. GRAM SABHA

JUDGEMENT

(1.) The facts area : A complaint by villagers to Tahsildar saying that Bali Karan has trespassed over Gaon Sabha's land recorded as Playing Field : he has installed a pumping set and cut away a Neem tress causing loss to Gaon Sabha property. Tahsildar orders an enquiry through Supervisor Kanungo. A report is submitted to begin ejectment action under Sec. 122-B Z.A. and Rs.R Act. A notice in Z. A Form 49-Ka is issued on 3-2-1979. It states that trespass is over Khasra No. 142 area 140 Karis from 1385 fasli and damage suffered is at Rs. 1,000.00. This is what Bali Karan has to answer, on service of notice an objection by Bali Karan on 30-3-1979. His version is that tubewell, installed 8 years ago, is embedded in the earth from before onset of consolidation. The structure housing it relates back to the same time. This was set on mud wall but is replaced with bricks two years ago. In the house is boring and engine of tubewell. The Court has no jurisdiction to proceed as nature of land requires determination in Civil Court. The relief to dismiss the proceeding he prays the Court for.

(2.) Parties are given chance to lead their evidence. On 28-12-1981, Tahsildar/Assistant Collector First Class enters an order evicting Bali Karan from Khasra No 142 area 140 Karis and to pay a damage at Rs. 5,000.00 calculating the loss to begin from 1385 Fasli. A revision, on 16-9-1992 Additional Commissioner enters a reference to set aside the order of trial Court as trial is vitiated because of omissions of details in Z.A. Form 49-Ka insisted upon in 1986 RD 99. The reference dockets here for a definitive decision.

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