KISHORE SINGH Vs. ADDITIONAL COLLECTOR AGRA

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. The first order was passed on 28-6-1984 by Tehsildar/assistant Collector, 1st Class, Tehsil Barah, District Agra in case No. 180 of 1983-84, Gram Sabha, Nadgava v. Kishor Singh in respect of Gaon Sabha plot No. 547 area 7 biswa 19 biswancies. In the revenue records land in dispute is recorded as navin parti. In the khasara of 1379 fasli (1981-82) it was mentioned that petitioner had sown wheat etc. in the said plot. Tehsildar passed the order of eviction and imposed damages of Rs. 406/ -. Against the said order revision No. 499/83-84 was filed which was dismissed on 31-8-1985 by Additional Collector (Administration), Agra. The said orders have been challenged through this writ petition.

(2.) LEARNED Counsel for the petitioner argued that petitioner was not in possession over the land in dispute. The argument is not at all tenable as in Khasara it was mentioned that he had sown crop in the land in dispute. Moreover, in the stay application filed alongwith this writ petition prayer for staying the operation of the impugned orders was made and accordingly, stay order was passed on 22-3-1988 staying operation of the impugned orders until further order. In case petitioner was not in possession then he should have prayed for stay of recovery of damages only. On the strength of the stay order petitioner must be in possession over the property in dispute.

(3.) ACCORDINGLY it is directed that within six months from today petitioner shall deposit R. 7,500/- before Sub Divisional Officer concerned for being kept in consolidated gaon fund constituted under Section 125-A of the Act. On such deposit being made land in dispute shall stand settled with the petitioner failing which he shall be evicted immediately after six months.