Court No. - 4 Case :- WRIT - C No. - 31264 of 1995 Petitioner :- Atma Ram & Another Respondent :- Collector & Others Petitioner Counsel :- C.B.Singh Respondent Counsel :- C.S.C. Hon'ble Krishna Murari, J.
Case called out. No one has appeared to press the writ petition.
However, I have perused the record.
This writ petition arises out of proceedings under Section 122-B of
the U. P. Zamindari Abolition and Land Reforms Act.
Proceedings were initiated against the petitioner on the allegation
that he is an unauthorized occupant over the Gaon Sabha land.
Tehsildar/Assistant Collector after considering the oral as well as
documentary evidence brought on record discharged the notice on
the ground that the plot on which illegal occupation is being
alleged is situate in between the village Abadi and hence the
petitioner was not liable to be ejected in proceedings under Section
122-B of the U. P. Zamindari Abolition and Land Reforms Act
which are summary in nature. The revisional court allowed the
revision without considering the fact that there was an old Abadi
existing and set aside the finding of the trial court even without
reference to the material which formed basis of the finding of the
Tehsildar/Assistant Collector. The revisional order has been
passed on surmises and conjectures and is not liable to be
sustained.
In view of the above, the writ petition stands allowed and the
impugned order dated 25.9.1995 passed by the Collector is hereby
quashed.
Order Date :- 19.7.2010
Dcs