RAJENDRA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed today is taken on record.

(2.) This writ petition has been filed against the order of Assistant Collector dated 24.10.2016, passed in the proceeding u/s 122-B of U.P. Act No. 1 of 1951 (hereinafter referred to as the 'Act'), directing for ejectment of the petitioner from plot no. 812, area 0.040 hectare and imposing penalty of Rs. 25000/- upon him.

(3.) On the report of Lekhpal dated 20.11.2015, proceeding u/s 122- B of the Act was initiated against the petitioner, showing that he is in illegal occupation of an area of 0.040 hectare of plot no. 812, which was reserved for general abadi during consolidation. The petitioner contested the proceeding and has stated that he had purchased the disputed land through sale deed dated 6.8.2010 from Ramsiya, son of Bodhan Ram and thereafter, he had raised his construction over it. The land in dispute belonged to Ramsiya, whose old number was plot no. 424 and recorded in the name of Ramsiya. He is not in occupation of Gaon Sabha land. Assistant Collector after hearing the parties, by order dated 24.10.2016 found that in the sale deed dated 6.8.2010, executed by Ramsiya in favour of the petitioner, plot number has not been mentioned, as such, it cannot be said that the petitioner has purchased plot no. 424. On the other hand, from some area of plot no. 424, new plot no. 812 has been carved out during consolidation, which was reserved for general abadi. Area of plot no. 812 was 120 feet x 40 feet on the spot. The petitioner has made encroachment over plot no. 812, as such, order of ejectment of the petitioner has been passed and a fine of Rs. 25000/- and execution fees of Rs. 10/- has been imposed upon him. The petitioner challenged the aforesaid order in appeal before the Collector. The Collector by order dated 14.12.2016 dismissed the appeal.