BHAGWANA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. The present petition has its genesis in proceeding under Section 122-B of the UPZA and LR Act and has been preferred assailing the order dated 21-3-2005 passed in revision No. 89 of 2003 by Upper Collector Bijnor and also the order dated 1-8-2003 passed by Tehsildar, Tehsil Chandpur District Bijnor.

(2.) IT would appear from the record that upon initiation of proceeding under Section 122-B of the UPZA and LR Act by Tehsildar Chandpur, the petitioner preferred objection claiming to be in authorised possession over the land as the same was allocated to him by the Pradhan of the village on 9-8-1970 and also produced receipt. IT would further appear that the receipt was found to be forged by the Tehsildar and damages to the extent of Rs. 22,500/- were foisted upon him. Aggrieved by the order, the petitioner preferred revision, which also ended up in dismissal. IT is in this perspective that the present writ petition came to be filed.

(3.) THE learned Counsel laid too much stress on the aspect that damages awarded in the case are wholly unwarranted and without valid basis as receipt has been validly issued by the Pradhan. In my considered view, the receipt on which the petitioners claimed possession over the land having been held forged and in my view, it has rightly been held forged in view of not having been proved by any credible evidence on record, it necessarily follows that the possession of the petitioners was not only illegal ab initio but unauthorized also.