CHANDA Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) This writ petition is directed against the order passed by the Assistant Collector Mahoba, Respondent No. 3, directing eviction of the petitioner from the plots in dispute in proceedings under Sec. 122-B of U.P. Z.A. and L.R. Act (hereinafter referred to as the Act) and the order dated 21.3.1998, affirming the said order in revision passed by Additional Collector, Respondent No. 2.

(2.) The petitioner was served with notice dated 14.11.1996 in Z.A. form 49-Ka for showing cause as to why the petitioner cannot be evicted from plot No. 854 as he was in unauthorised occupation of the land belonging to Gaon Sabha. The petitioner filed objection inter alia on the ground that the petitioner was in possession since last 20 years and had constructed a house thereon she being scheduled caste and was in possession prior to the year 1985 and entitled to the benefit of Sec. 122-B (4-F) of the Act. The Assistant Collector found that the petitioner had not proved the assertion made by her in her objection and found that the occupation over the land in dispute was unauthorised and directed her eviction and further imposed damages of Rs. 10,500. The petitioner filed revision against this order before the Collector, Mahoba. The revision has been dismissed by Respondent No. 2 vide impugned order dated 21.3.1998.

(3.) I have heard Sri V.S. Singh, learned counsel for the petitioner.