SIDIQUE Vs. ADDITIONAL COLLECTOR BADAUN

JUDGEMENT

(1.) This writ petition is directed against the order dated 3.5.1997 passed by the Assistant Collector, respondent No. 2 directing ejectment of the petitioner from the disputed land and imposing damages to the tune of Rs. 2.160 and further the order dated 5.12.1997 passed by respondent No. 1 dismissing the revision against aforesaid order.

(2.) The proceedings were taken against the petitioner for ejectment from 121 sq. yards of land of plot No. 232 situated in village Saljana Mulsim. Pargana Asadpur. Tahsil Glnnor. district Badaun. The petitioner filed objection stating that the property Is his ancestral property and his house is existing prior to enforcement of U. P. Zamindart Abolition and Land Reforms Act (in short referred to as the Act). The parties led evidence. Respondent No. 2 recorded finding that the land in question was recorded as Abadi which was vested in Gaon Sabha. The petitioner failed to prove that he was In possession prior to enforcement of the Act. He directed the ejectment of the petitioner from the disputed land and imposed damages to the tune of Rs. 2.160. The petitioner being aggrieved against said order filed revision. Respondent No. 1 has dismissed the revision by the impugned order dated 5.12.1997.

(3.) I have heard Shri Rajiv Joshi. learned counsel for the petitioner.