BHIKHARI Vs. UPPER COLLECTOR DEORIA

JUDGEMENT

(1.) SUDHIR Narain, J. I have heard Shri R. N. Upadhyay, learned Counsel for the petitioner, learned Standing Counsel and the learned Counsel appearing on behalf of Gaon Sabha.

(2.) THE proceedings were taken for ejectment against the petitioner in respect of Plot No. 511 area 3 decimal situated in village Hata Tappa Surauli, Pargana Salempur, Tahsil and Direct Deoria. THE Assistant Collector vide his order dated 20-8-1996 dropped the proceedings. Against said order, the Gaon Sabha filed two revisions. Respondent No. 1 allowed both the revisions and directed for eject ment of the petitioner from the land in dispute.

(3.) CONSIDERING the facts and cir cumstances of the present case, the im pugned order dated 17-11-1997 is hereby quashed. Accordingly, the writ petition is allowed. The matter shall be again decided by the Assistant Collector keeping in view the observations made by Respondent No. 1 in the order dated 17-1 1-1997. The Assis tant Collector will record his finding in the matter after affording opportunity of hear ing to the parties concerned. Petition allowed. .