LAWS(ALL)-2008-7-22

RAGHUBAR DAYAL Vs. ADDL DISTRICT COLLECTOR AGRA

Decided On July 11, 2008
RAGHUBAR DAYAL Appellant
V/S
ADDL. DISTRICT COLLECTOR, AGRA Respondents

JUDGEMENT

(1.) -Heard learned counsel for the parties and perused the record.

(2.) THIS writ petition has been filed for quashing the impugned orders dated 31.3.1993 and 30.6.1992 passed by respondent Nos. 1 and 2 respectively.

(3.) ON receipt of notice the petitioner filed an objection thereto denying the allegations made in the report of the Lekhpal inter alia that he has not possessed any land of the Gaon Sabha; he has constructed his house on plot No. 654 since the time of his ancestors and before the U. P. Zamindari Abolition and Land Reforms Act ; that the land of old abadi is never vested with the Gaon Sabha and the chabutra constructed in front of his house is on the land of old abadi which is his land; that an old neem tree is situated on the aforesaid plot around which the chabutra exists for the last 50 years, hence the disputed land is not the land of the Gaon Sabha; and on account of enmity with Jagjit and Kailash Chand etc. notice was issued to the petitioner and this has been filed against the petitioner on the basis of the aforesaid notice, hence the notice is liable to be rejected.