PURAN Vs. COLLECTOR MUZAFFARNAGAR

JUDGEMENT

(1.) S. P. Srivastava, J. List has been revised. No body has appeared on behalf of the Gapn Sabha. A counter-affidavit has been filed by the Gaon Sabha. Heard learned counsel for the petitioner.

(2.) THE petitioner has filed the present writ petition under Article 226 of the Con stitution of India for quashing the order dated 29-10-83 passed by the Assistant Col lector and the order dated 22-11-83 passed by the Collector, Muzaffarnagar.

(3.) FROM the judgment of the Tehsildar it is apparent that it has been held by Tehsildar that Plot No. 724/1 was settled by Zamindar in favour of the petitioners on 29-8-47 but the finding of the Tehsildar is that its old number was 450 and not 445 or 451. Since there is no proceeding for evic tion of old Plot No. 450, the contention of the petitioners is not correct. He according ly passed an order of eviction from 5 biswas 1 biswansi area in Plot No. 445 and 1 biswas area in Plot No. 451-M, treating these plots as Khalihan and Rasta and awarded damages of Rs. 220. Aggrieved by the order of Tehsildar a revision was filed. The revisional court also affirmed the same find ing.