PRAKASHA Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) By means of the present petition, the petitioner is challenging the orders dated 26.2.2016 & 28.7.2016 passed by the Tehsildar/Assistant Collector (First Class) Tehsil Budhana District Muzaffarnagar and Additional Collector (Administration) District Muzaffarnagar.

(2.) It appears that in the proceedings under Sec. 122-B of U.P. Z.A. & L.R. Act, it was found that the petitioner has encroached upon the public utility land in Plot No.103 M area 0.0050 Hectares which is recorded as "Khad ke Gaddhe" i.e. "manure pit" in the revenue records. A recall application dated 16.8.2016 was filed by the petitioner with the contention that the petitioner was ready for exchange of his bhumidhari land from the land in question which is recorded as "Khad ke Gaddhe" and his appeal has been rejected without completion of the argument of his counsel. The said application was rejected vide order dated 16.9.2016 which is also under challenge.

(3.) Submission of learned counsel for the petitioner is that the petitioner is that the petitioner had been in possession of the land in question since the time of his predecessors and the disputed land is an abadi land of the petitioner. The offer given by the petitioner for exchange of the disputed land with the bhumidhari land of the petitioner was not considered while rejecting the application for recall order dated 16.9.2016.