PANCHU Vs. COLLECTOR, GORAKHPUR AND ANOTHER

JUDGEMENT

(1.) This petition has been filed against an order dated 31.8.1984 passed by the Tehsildar, Bansgaon, District Gorakhpur and against an order dated 8.1.1987 passed by the Collector-revisional authority in proceedings under Sec. 122-B (4-F) of U.P.Z.A. & L.R. Act, 1950.

(2.) The undisputed facts, as stated by the petitioner, are that the petitioner was in use and occupation as landless Harijan of land measuring.02 acres of plot No. 288, which had been reserved as Harijan abadi during consolidation operation. An ex parte order was passed against him on 31.8.1984 declaring him to be a trespasser but nevertheless said that he was in possession of the said portion of the land by the impugned order dated 31.1.1984, he was directed to be evicted from the land and so he filed a revision against the said order. The revisional order was also passed against him.

(3.) Learned counsel for the petitioner has argued that by virtue of Sec. 122- B (4-F) of the U.P.Z.A. & L.R. Act, he was in occupation of Gaon Sabha land prior to 30.6.1985 and therefore the land stood vested in it at that time. The date of vesting of the land in Gaon Sabha under the Sec. now is May 1st, 2002. It is the contention of the petitioner that he had been perfected his right over the said plots and could not have been ousted.