PHOOL DAS Vs. ADDL.COLLECTOR, SAHARANPUR
LAWS(ALL)-2012-4-237
HIGH COURT OF ALLAHABAD
Decided on April 23,2012

Phool Das Appellant
VERSUS
Addl.Collector, Saharanpur Respondents

JUDGEMENT

SUNIL HALI, J. - (1.)THE writ petition is restored. For order see order of date passed on restoration application.
(2.)HEARD learned Counsel for the parties and perused the material on record.
Petitioner belongs to Scheduled Caste and claims to be in possession of a land situated in 241/3 M measuring 0.615 hectares, situated in village Har -dayaki, Pargana Rampur, Tehsil Deo -band, District Saharanpur. He states that he is landless agricultural labourer and is in possession of the said land for the last more than 15 years.

(3.)SPECIFIC case of the petitioner is that he was in possession of the land before 30.6.1985. A report was submit - ted by the Lekhpal that the petitioner was in possession of the said land since 1401 Fasli which corresponds to 1994 as such he is liable to be evicted from the said land on the ground that his possession is after the cut of date of June, 1985. Consequently, a notice in Form 49 Ka was issued to the petitioner by the Prescribed Authority who after hearing the parties vide its order dated 28.3.1995 has stated that the petitioner's possession on the land is w.e.f 1401 F and not prior to 30.6.1985. This order is based upon a report submitted the Lekhpal. On the basis of the said report the Prescribed Authority found the petitioner to be in illegal possession of the Gaon Sabha land which is not in his possession prior to 30.6.1985. As a result of which eviction order along with damages to the tune of Rs. 2922/ - was passed. Aggrieved against this order petitioner preferred a revision which was also dismissed vide judgment and order dated 31.8.1995.


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