LAWS(ALL)-1985-2-34

OM PRAKASH Vs. BOARD OF REVENUE U P

Decided On February 14, 1985
OM PRAKASH Appellant
V/S
BOARD OF REVENUE U P Respondents

JUDGEMENT

(1.) THE present petition under Article 226 of the Constitution of India is directed against the order dated 1 -2 -1978 passed by the Board of Revenue, U.P. Allahabad, the order dated 8 -7 -1975 passed by Additional Commissioner, Agra Division, Agra and the order dated 30 -7 -1975 passed by the trial court in a suit under Section 202 of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) filed by the Land Management Committee and the Gaon Sabha against the Petitioner for his ejectment. The suit was decreed by the trial court and the said decree was affirmed by the first appellate and the second appellate courts.

(2.) THE facts of the case are these. The Land Management Committee, Respondent No. 6 and the Gaon Sabha Respondent No. 5, filed a suit for the ejectment of the Petitioner alleging that he was an asami as the land was pasture land which was the land of public utility for the benefit of the public and the Petitioner has no right to continue in possession.

(3.) THE trial court decreed the suit and the said decree was maintained by the first appellate court and the second appellate court.