LAWS(ALL)-2018-10-209

ASHARFI LAL Vs. COMMISSIONER, FAIZABAD DIVISION

Decided On October 04, 2018
ASHARFI LAL Appellant
V/S
Commissioner, Faizabad Division Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel representing the State-respondents and Sri Azad Khan, learned counsel representing the Gaon Sabha concerned. This petition seeks to challenge the order dated 04.07.2018, passed by the Commissioner, Faizabad Division, Faizabad whereby the revision petition preferred by the petitioners against the order dated 04.05.2009 passed under Sec. 122-B of the U.P. Zamindari Abolition & Land Reforms Act, 1950 (herein after referred to as "U.P.Z.A.& L.R. Act"), has been dismissed.

(2.) It appears that certain proceedings were drawn against the petitioners under Sec. 122-B of U.P. Z.A. and L.R. Act read with Rule 115C of the Rules framed under the said Act and accordingly an order was passed on 08.02.2008 by the Tehsildar concerned directing eviction of the petitioners from Gata No.158M, which was said to have been encroached upon by the petitioners over an area of 0.040 hectare. The petitioners appear to have moved some restoration application, which too, was rejected.

(3.) Challenging the order passed by the Tehsildar in the proceedings drawn under Sec. 122-B of U.P. Z.A.& L.R. Act, the petitioners had preferred a revision petition before the Commissioner under Sec. 333 of the U.P. Z.A. and L.R. Act which has been dismissed by the revisional court by means of order dated 04.07.2018.