SUKHDEO Vs. COLLECTOR BANDA

JUDGEMENT

(1.) S. U. Khan, J. This writ petition arises out of proceedings under Section 122-B of U. P. Z. A. and L. R Act. Property in dispute is comprised in Gaon Sabha plot No. 528, area 2 Bigha 13 Biswas. The proceedings were initiated in the form of case No. 178 of 1987-88 Gaon Sabha v. Sukhdev. The petitioner pleaded that Gaon Sabha had validly allotted the land in dispute to him on 28-10-1961. He also filed copy of proceeding register of Gaon Sabha dated 28-10-1961. He also filed copy of form No. 59. Against the land in dispute, name of petitioner was mentioned in column 4 since 1366 Fasli (1-7-1958 to 30-6-1959 ). Column 4 contains the names of unauthorised occupants. In the notice 49-Ka possession of petitioner was shown from 1395 Fasli (1-7-1987 to 30-6-1988 ). Tehsildar/assistant Collector gave notice to petitioner on 23-3-1988. Tehsildar through order dated 27-7-1988 directed eviction of petitioner and imposed damges of Rs. 11,400. Against the said order petitioner filed revision which was registered as Case No. 24. Collector Banda dismissed the revision on 25-1-1990, hence this writ petition.

(2.) COLLECTOR held that petitioner was in possession from 1366 to 1395 Fasli. Regarding the plea of valid allotment, COLLECTOR held that original Patta was not filed by the petitioner.

(3.) WRIT petition is accordingly disposed of. Petition disposed of. .