J K DAIRY AND FOODS LTD Vs. ADDL DISTRICT MAGISTRATE FIN/REV /UPPER COLLECTOR JYOTIBA PHULENAGAR AND ORS

JUDGEMENT

(1.) S. N. Srivastava, J. This writ petition is directed against the order dated 10-9-1998, passed by the Tehsildar, Hasanpur/assistant Collector, 1st Class, Hasanpur, District Jyotiba Phulenagar and other order dated 7- 3-2001, passed by the Additional Collector (Finance and Revenue), Jyotiba Phulenagar dismissing the revision preferred against said order.

(2.) IT transpires from the record that in Village Daudpur Bujurg, Tehsil Hasanpur, District Jyotiba Phulenagar Plot No. 3, area. 08 hectare, Plot No. 7,. 11 hectare, Plot No. 16, area. 04 hectare and Plot No. 19, area. 08 hectare, total area. 31 acre were recorded as Chakroad which were in possession of petitioner. In a proceeding under Section 122-B of the U. P. Zamindari Abolition and Land Reforms Act, Tehsildar passed an order for eviction of petitioner (J. K. Dairy and Foods Limited) from aforesaid plots and also imposed damages of Rs. 7,44,000/- calculating at the rate of Rs. 500/- per sq. yard. Order of Tehsildar was affirmed in revision.

(3.) IN reply to the same, Sri Bhola Nath Yadav, learned Standing Counsel, urged that though there is no definition of sanctioned hereditary rate under the U. P. Zamindari Abolition and Land Reforms Act or the Rules framed thereunder, but any word which is not defined under the U. P. Z. A. and L. R. Act or the Rules framed thereunder, but is mentioned in the U. P. Tenancy Act, the same shall be taken note of for the purposes of sanctioned hereditary rates. He referred Sections 110, 111 and 112 of the U. P. Tenancy Act in this regard where the rates of hereditary tenancy are required to be determined in accordance with the procedure prescribed therein. He further urged that the damages should be calculated according to sanctioned hereditary rates on the principles laid down under Section 110, 111 and 112 of the U. P. Tenancy Act. Lastly he urged that impugned orders were rightly passed in accordance with law.