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[Cites 0, Cited by 0] [Section 70] [Entire Act]

State of Uttar Pradesh - Subsection

Section 70(2) in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

(2)Before issuing a notice under sub-rule (1) of Rule 115-D the Collector may make such inquiry as he deems proper and may obtain information on the following points:
(a)full description of damage or misappropriation caused or the wrongful occupation made with details of village, mohalla or ward, plot number, area, boundary, property damaged or misappropriated and market value thereof ;
(b)full address alongwith father's name of the person responsible for the damage, misappropriation or wrongful occupation;
(c)period of wrongful occupation, damage or misappropriation, class of soil of the plot numbers involved and hereditary rates applicable to them ; and
(d)value of the property damaged or misappropriation calculated at the prevailing market rate in the locality.
Note. - Collector shall make every endeavour that objection filed under this para may be disposed of finally within a period of two months from the date of filing objections and no party comes more than twice or thrice in his court. [Vide G.O. No. 7887/Rajasva-1/72, dated 7th August, 1972].Powers under Rules 115-C to 115-F of U.P.Z.A. & L.R. Rules have been conferred on Tahsildar and Assistant Collector-in-charge of sub-division. Hence, report under Para 69 may be submitted to either of them, who may take action as laid down in following para:"If during the course of enquiry in proceeding under this para, any person showing cause has submitted evidence, which appears to Collector to raise any real question of title, Collector will require by order from such person to file a suit for declaration of his title in Court of competent jurisdiction within a period of three months from the date of such order and stay further action. If such person succeeds afterwards in his suit the enquiry against him shall be banned. Where above referred person fails to file such suit within the said period or where suit, if filed, is dismissed, the Collector shall direct that-
(i)such person be ejected and for this purpose, such force can be used or cause to be used, as may be essential, and
(ii)the amount of compensation for damages or misappropriation or wrongful occupation, as the case may be, be recovered from such person as arrears of land revenue."