RAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under section 122-B of the UP ZA and LR Act.

(2.) IT appears on the report of Lekhpal proceedings for ejectment of the petitioners under section 122-B of the UP ZA and LR Act (hereinafter referred to as the Act) were initiated. In the aforesaid proceedings Lekhpal and Pradhan were examined who had deposed that the petitioners were not in posseseion over the disputed land yet the Tahsildar through his order dated 27-10-1983 ordered for ejectment of the petitioners and also awarded damages to the tune of Rs. 957/- payable to the Gaon Sabha as is evident from Annexure II attached with the writ petition. Thereafter an application was moved that the arguments were not complete, therefore the matter may be fully heard and then decided. That application appears to have been dismissed on 28-11-1983 (See Annexure III). Thereafter, the petitioners preferred a revision petition which has been dismissed through the order dated 23-4-1984 contained in Annexure V. A review petition was also filed which also failed. Aggrieved by the orders of the revenue courts the petitioners have approached this Court under Article 226 of the Constitution.

(3.) AFTER hearing the learned counsel for the petitioners in this case I think that no damages should be realised from the petitioners in the facts and circumstances of the case mentioned above. In Hans Raj v. Gaon Sabha, 1980 AWC (Rev.) 39 a learned Member, Board of Revenue, has indicated in his judgment vide para. 6 as below :-