BHOLA RAM Vs. ADDITIONAL COLLECTOR PROTOCOL AGRA

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Section 122-B of U.P. Zamandari Abolition & Land Reforms Act initiated against the petitioner for his eviction from Gaon Sabha property. Following orders have been challenged through this writ petition:- 1. Order dated 31.08.1987 passed by Tehsildar/Assistant Collector (Protocol), Agra in Case No.142/86- 87, Gaon Sabha Vs. Bhola Ram.

(2.) ORDER dated 08.10.1991 passed by A.D.M. (Protocol), Agra in Revision No.14/88-89, Bhola Ram Vs. Gram Sabha, through which revision directed against the first order was dismissed. The allegation against the petitioners was that they had placed chhapar, larawani, chabutra etc. over an area of 137 square yards of Gaon Sabha plot No.1068 which is situate between petitioners' house over their plot No.1067 and the road. Petitioners denied having encroached in any manner over the land in dispute. They stated that their temporary constructions were on Plot No.1067. Through impugned orders eviction was directed and damages of Rs.13700/- were also imposed. In my opinion, when possession was outrightly denied, there was no question of imposing any damages. Accordingly, writ petition is allowed in part. Impugned orders are set aside in respect of damages alone. It is further directed that neither petitioners shall make any sort of construction over the land in dispute nor any interference shall be made in their right to pass through the land in dispute for coming and going from and to the main road. In case, if there is any chhappar, wall, larawani etc. of the petitioners over the land in dispute of Plot No.1068, then the same shall immediately be removed/demolished. Writ petition is accordingly disposed of.