KALI CHARAN NEK RAM SHANKER LAL AND BADRI PRASAD SONS OF DEVI RAM Vs. ADDITIONAL COLLECTOR TAHSILDAR ASSISTANT COLLECTOR AND GAON SABHA LUTSAN

JUDGEMENT

(1.) This writ petition has been filed challenging the Judgments and Orders dated 19.9,1984 and 30.6.1984 passed by respondents No. 1 and 2 respectively by which the petitioners were declared to be in illegal possession and were to be dispossessed from the land in question and also to pay a sum of Rs. 24,675/- to the Gaon Sabha as damages.

(2.) The facts of the case in brief are that during consolidation proceedings in district Aligarh Tehsil Hathras the Gaon Sabha of village Lutsan as per the earlier decision of Land Management Committee (in short LMC) after due publication by beat of drum decided to allot plot No. 741/1 "vested in it and left as bachat land being uneven and uncultivated. No one came forward to take this plot except the petitioners. The said plot was allotted in their name and they invested money as alleged by the petitioners to the tune of Rs. 10,000/- and laboured hard to make it even and cultivable. The LMC while allotting the plot imposed a condition that after the expiry of 10 years of period of cultivation the petitioners shall start paying Rs. 100/- per year to the Gaon Sabha. A Patta was granted on 10.4.1962 by the LMC exercising its power under Section 195 of the U.P. Zamindari Abolition and Land Reforms Act (in short the Act).

(3.) In the year 1972, a new Pradhan was elected and he filed a Suit No. 514 Gram Sabha v. Kali Charan and Ors. before the Magistrate 1st class under Section 209 of the Act, which was- dismissed on 31.7.1975 on merits holding the possession and occupation of the petitioners as not illegal in nature but with the consent of the Gaon Sabha. The Gaon Sabha being aggrieved by the said order dated 31.7.1975 filed a First Appeal No. 165 of 1974-75 in the Court of Additional Commissioner, Agra which too was dismissed on merits vide order dated 19,2.1976 upholding that the land in question belonged to the petitioners who were in possession on the basis of the resolution dated 10.4.1962 of LMC and that their possession was not of a trespasser as contemplated by Section 209 of the Act. The Gaon Sabha did not prefer any appeal against the said order dated 19.2.1976 of the Additional Commissioner before the Board of Revenue and the Judgments and findings of both the aforesaid Courts became final. The petitioners on legal advice filed an application for fixation of the land revenue before the Sub Divisional Officer, Hathras which fixed the land revenue at the rate of Rs. 56.90 paise per annum. In the mean time, another Pradhan was elected and he filed an application before the Sub Divisional Officer to initiate" proceedings under Section 122-B of the Act against the petitioners on the ground that they were in illegal possession of the land in question and the Gaon Sabha was suffering a loss. The said proceedings also culminated in favour of the petitioners and vide order dated 21.7.1984 the notice under Section 122-B of the Act was discharged, holding thereby the possession of the petitioners as not unauthorized.