FULARE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri H.N Shukla learned counsel for the petitioner learned Standing Counsel for the State respondents and Sri Diwakar Singh for the Gaon Sabha, respondent no. 4. By means of this writ petition the following relief has been prayed for: -

(2.) THE facts of the case briefly stated are that proceedings under Section 122 -B were drawn against the petitioner which gave rise to Case no. 131 of 2000 -01. The Tehsildar by the order dated 30.06.2001 dropped the proceedings on the finding that the petitioner a landless agricultural labourer belonging to the scheduled caste, was in possession over the land belonging to the Gaon Sabha from prior to 30.06.1985 and therefore, entitled to the benefit of Section 122 -B (4 -F). It was further observed that the petitioner may get his title declared by a court of competent jurisdiction.

(3.) ON the strength of the order aforesaid the petitioner has filed this writ petition seeking the relief noticed above.