KHACHERU Vs. ADDITIONAL COLLECTOR MUZAFFARNAGAR

JUDGEMENT

(1.) S. P. Srivastava, J. Heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respon dents.

(2.) PERUSED the record.

(3.) ON the pleadings of the parties, the Additional Tehsildar framed three issues and after considering the oral and documen tary evidence on the record as well as the report of the commissioner he came to the conclusion that plot No. 785 in dispute which had been claimed to have been encroached upon in an unauthorised man ner by the petitioner constituted a land con templated under Section 132 of the U. P. Zamindari abdolition and Land Reforms Act which had been reserved for a public purpose for being utilised as a 'khalihan'. He also came to the conclusion that an area of 0. 037 hectares of the area of land in dis pute was lying vacant and a portion thereof was being utilised as a passage.