MAHENDRA PRATAP TIWARI Vs. COLLECTOR AND 2 OTHERS

JUDGEMENT

(1.) Heard Shri A.K. Singh, learned counsel for the petitioner, Shri Anand Kumar Yadav, counsel for the Gaon Sabha and learned Standing Counsel for the Gaon Sabha.

(2.) The writ petition arises out of proceeding under Section 122-B of the UP Zamindari Abolition & Land Reforms Act initiated against the petitioner for eviction from an area of 0.081 hectares of plot no. 150, village Mohammadabad, Pargana & Tehsil Orai, District Jalaon and is directed against the revisional order whereby the matter had been remanded back to the Tehsildar for afresh decision after making a spot inspection in the presence of the parties and after hearing them after affording them opportunity of adducing evidence.

(3.) Upon notice being issued to the petitioner in Form 49-A, he filed his objection thereto, stating that the alleged unauthorized occupation was a temple which had been existence for a very very long time. The petitioner has never occupied any land of the Gaon Sabha and he is only the pujari of the temple.