Court No. - 28 Case :- WRIT - C No. - 28671 of 1994 Petitioner :- Ravi Shanker Respondent :- Collector Petitioner Counsel :- S. Rai Respondent Counsel :- Sc,V.K.Singh Hon'ble Bala Krishna Narayana,J.
Proceeding for ejectment of the petitioner from Gaon Sabha land
under Section 122-B of the U.P.Z.A. & L.R. Act were initiated
before the Tehsildar. Upon being noticed the petitioner filed his
written statement before the Tehsildar denying his possession on
the disputed land. The Tehsildar dropped the proceedings against
the petitioner holding that petitioner was not in possession of the
Gaon Sabha land by his order dated 7.4.1993, which was
challenged by the Gaon Sabha by filing revision no. 191/93 before
the Collector which was allowed by him vide his order dated
11.7.1994 setting aside the order of the Tehsildar and remanding
the matter to the Tehsildar for a fresh decision. By means of this
writ petition, the petitioner has prayed for quashing the order dated
11.7.1994 passed by Collector, Fatehpur. It has been submitted on
behalf of the petitioner that the order of remand is absolutely
illegal and arbitrary as the revisional Court has set aside the order
of Tehsildar and remanded the case without assigning any reason.
He further submitted the revisional court while setting aside the
order of the Tehsildar has not reversed the finding recorded by the
Tehsildar in his order that there was no evidence to show that the
petitioner had unauthorizedly occupied Gaon Sabha land. He
further submitted that the law is settled that proceedings under
Section 122-B are not maintainable, if the person against whom
the notice is issued is not found to be in possession of the Gaon
Sabha land and hence there was no justification for the Collector,
Fatehpur remand the case.
After having heard learned counsel for the parties and perused the
averments made in the writ petition as well as the impugned order,
I find that the submissions made by the learned counsel for the
petitioner have force.
I have no hesitation in holding that there was no evidence on
record indicating that the petitioner had unauthorizedly occupied
any portion of the Gaon Sabha land.
After going through the order of the revisional Court, I find that
the finding recorded by the Tehsildar in order that petitioner had
never occupied any Gaon Sabha land has not been reversed and the
order of the Tehsildar has been set aside without assigning reasons
and without pointing out any illegality in the order of the
Tehsildar.
In view of the above order passed by the Collector cannot be
sustained.
Writ petition is allowed. The order dated 11.7.21994 (Annexure-1
to the writ petition) is quashed.
Order Date :- 2.4.2010
vks