NANHOO ALIAS NANHE Vs. STATE OF U P

JUDGEMENT

(1.) D. S. Sinha and S. C. Verma, JJ. Iden tical questions arise for determination in the aforesaid Writ Petitions in which similar orders passed by the Assistant Collector/tehsildar Garhmukhteshwar, District-Ghaziabad dated 6-10-1986 and order dated 2-1-1987 passed by the Additional Collec tor, Ghaziabad, have been challenged.

(2.) IT has been alleged by the petitioners that originally village Lathira (ITmali) Tehsil/pargana Hasanpur, District Moradabad having an area of 1339 acre of land was recorded in Settlement Map of 1904-05. Due to fluvial action of river Ganga, part of the land of Village Lathira was divided and it became part of village Rampur Niyamat pur, Tehsil Garmukteshwar District-Ghaziabad. IT has further been alleged that in the Settlement year 1958 only 59 acres of land of village Lathira remained in District Moradabad and the remaining land of an area of about 1280 acres towards west of river Ganga was included in the District of Meerut and thereafter in the year 1976 with new District of Ghaziabad. The petitioners have alleged that the entire land remained in the tenancy of residents of village Lathira who were in cultivators possession and were recorded as tenants. The disputed land in the Settlement Map of 1958 was numbered as plot Nos. 5 and 6 and was allotted to those persons of village Lathira who were originally tenure-holders in possession on the basis of resolution dated 14-1-1978 passed by the Gaon Sabha Lathira.

(3.) THE Tehsildar/assistant Collector, Garhmukteshwar on the basis of report of Halka Lekhpal and on the basis of his state ment, held that the petitioners were in un authorised occupation over the disputed land. THE petitioners also submitted their statements and filed documents in support of their case including the copy of resolution dated 14-1-1978. After considering the material on record, it was held that the petitioners were in unauthorised possession over the disputed land and were liable to abetment and to compensate in respect of two fasli years 1392 and 1394 amounting to Rs. 7, 900.