Allahabad High Court
Kanhaiya Lal vs Asstt. Collector-Ist Class/Tehsildar ... on 15 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 28483 of 1995 Petitioner :- Kanhaiya Lal Respondent :- Asstt. Collector-Ist Class/Tehsildar & Others Petitioner Counsel :- A. Saran Respondent Counsel :- Govt. Advocate Hon'ble Krishna Murari,J.
This writ petition arises out of proceedings initiated under section 122-B of the U.P. Zamindari Abolition and Land Reforms Act. Notice in Z.A Form 49-Ka was issued to the petitioner alleging that he has encroached upon the land of Gaon Sabha. The petitioner contested the proceedings on the ground inter alia that the land was sub-let by the then Zamindar to the petitioner and had constructed a house after due permission of the Zamindar and since then he is living there. After analyzing the evidence a finding was recorded that the petitioner has constructed a house long back, hence is not liable to be ejected in summary proceeding. Gaon Sabha went up in revision. Wthout analyzing the evidence which formed basis of findings recorded by the Tehsildar, the revisional court in a very cursory manner allowed the revision and directed for ejectment of the petitioner from over the land in dispute.
Tehsildar had recorded a finding after analyzing the oral evidence brought on record which has been ignored by the revisional Court and, thus, the order is not liable to be sustained.
In the result, writ petition is allowed. The impugned order dated 29.6.1995 passed by the revisional Court is hereby quashed. However, on the facts and circumstances, there shall be no order as to costs.
Order Date :- 15.7.2010 VS.