Court No. - 4 Case :- WRIT - C No. - 25826 of 1995 Petitioner :- Ram Singh Respondent :- Asstt. Collector Agra & Others
Petitioner Counsel :- R.K.Yadav
Respondent Counsel :- C.S.C.
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
This writ petition arises out of proceedings under Section 122 B of
the U.P.Z.A. & L.R. Act. Notices in Z.A. Form of 49 Ka was issued
to the petitioner on the allegation that he has encroached upon the
Gaon Sabha land. The proceedings were contested by the
petitioner on the allegation that he was in possession over the land
in dispute for the last more than 35 years. Both the courts below
have found that he has failed to produce any evidence for his
possession for last 35 years and the land in dispute was recorded
in consolidation proceedings for ‘sarvajanik khalihan’ and
‘sarvajanik abadi’. The findings recorded by the courts below are
based on the evidence brought on record by the parties.
Learned counsel for the petitioner has failed to point out any such
illegality in the impugned judgment and that the findings have been
recorded either by ignoring any material piece of evidence or
based on misreading of evidence.
In view of above, there is no scope of interference in the impugned
order by this Court.
The writ petition, accordingly, stands dismissed.
13.07.2010
VKS/ WP 25826/95