SURYA KUMAR Vs. COLLECTOR, BANDA

JUDGEMENT

(1.) HEARD Sri S.K. Singh Yadav, learned counsel for the petitioner, and learned standing counsel for respondents Nos. 1 and 2 as also learned counsel appearing on behalf of respondent No. 3. The petitioner has sought a writ of certiorari quashing the order passed by the Tehsildar dated 28.2.1995 and 25.5.1995 whereby an order of ejectment was passed by the respondent and further imposing damages of Rs. 3,000/ - on account of unauthorised occupation of the disputed land by the petitioner and the order passed by respondent No. 1 dated 25.6.1996 dismissing the revision against the aforesaid orders.

(2.) PROCEEDINGS were taken against the petitioners under Section 122 -B of U.P. Zamindari Abolition and Land Reforms Act (in short the Act) on the allegation that the petitioner was in unauthorised occupation over the plot No. 653 area 0.05 hectare, situate in village Bhabnuwes, pargana and Tahsil Baberu, District Banda The petitioner filed written objection on 5.10.1994 stating that on the disputed land his ancestor's house was in existence. The lekhpal was examined on behalf for the petitioner and it was stated that the petitioner had constructed boundary wall on the land which belong to the Gaon Sabha and it has been earmarked for Abadi purposes. On the basis of the documentary evidence it was found by respondent No. 2 that the land belonged to the Gaon Sabha and the petitioner has failed to establish that he has perfected any right against the Gaon Sabha it was further found that during the Consolidation proceedings the land was recorded as Abdai land and it has been reserved for Abadi purpose. It is a land for Public purpose and no person can acquire any right on such land under Section 132 of the Act. The petitioner filed revision against this order and the revision has been dismissed on 25.6.1996. These orders have been challenged in the present writ petition.

(3.) THE next submission of the learned counsel for the petitioner is that for an small area of 0.05 respondent No. 2 directed to pay Rs. 3,000/ - as damages. It is contended that damages can be imposed keeping in view of the provisions of Section 122 -B(2) of the Act and Rule 115F(2) of the U.P. Zamindari Abolition and Land Reforms Rules which provides that the Collector shall assess the amount of damage or loss in terms of money at the prevailing market rate in the locality. In case of wrongful occupation of land, the damage caused to the Gaon Sabha or the local authority, as the case may be, shall be assessed for each year of such wrongful occupation or any part thereof, at 100 times the amount of rent computed at the sanctioned hereditary rates applicable to the plots concerned Learned counsel for the petitioner has placed reliance on the decision Rati Ram and another v. The Tahsildar Jelalabad and others, 1992 R.D. 474. A perusal of the order does not indicate as to how he has arrived at the amount of damages at Rs. 3,000/ -. It is an appropriate case that the petitioner be directed to pay Rs. 1,000/ - as damages The orders passed by respondents Nos. 1 and 2 are modified to this extent. The petition as regards eviction order is maintained. The writ petition is partly allowed.