CHARAN DAS Vs. GAON SABHA

JUDGEMENT

(1.) This is a revision application of Charan Das against the order dated April 17, 1976 passed by Tahsildar/Assistant Collector, 1st Class, Tahsil Mahoba, district Hamirpur, in a case under Sec. 122-B of Act I of 1951 read with Rule 115-C of ZA and LR Rules imposing Rs. 195-80 as damages but holding that demolition was not within the scope of the proceeding in question.

(2.) The learned Additional Commissioner, Jhansi Division by his order dated Sept. 25, 1976 has recommended to allow the application and to modify the order of the lower court and to pass order of ejectment by demolition of the unauthorised construction made by the applicant and to award Rs. 89/- only as damages which was claimed in form 49-A.

(3.) In brief the case is that the Lekhpal of village Nanaura made a report under rule 115-C of the ZA and LR Rules against the applicant that he had trespassed on plot No. 1331 area .55 acres illegally which was Gaon Sabha property and had thereby caused damages to the Gaon Sabha. Notice was issued in form 49-A to the applicant to show cause why he should not be ejected from the disputed land and the amount of damages of Rs. 89/- may not be recovered from him. The applicant filed objection that he had occupied the land in dispute with the written permission dated Oct. 18, 1974 of the Chairman of the LMC and had thereafter constructed a Pucca house and a boundary over it ; that the dispute is of civil nature and this court has got no jurisdiction to try it.