Surya Prakash Kesarwani, J. - (1.)Heard Sri Prem Shankar Kushwaha, learned counsel for the petitioner, Sri Raj Kumar Pandey, learned standing counsel for the State respondents and Sri Diwakar Singh holding brief of Sri Anand Kumar Yadav, learned counsel for respondent no.3.
(2.)Briefly stated, facts of the present case, are that the petitioner had encroached over land of Khasra Plot No.498 measuring 4350 Sq. Ft. of village Atariya, Pargana and Tehsil Moth, district Jhansi by constructing a house thereon. Consequently, the proceeding under Sec. 122-B of the U.P. Z.A. & L.R. Act, was initiated against him and a case No.6 of 2001 (Gaon Sabha Vs. Dhani Ram) was registered, which was decided by the Tehsildar/Assistant Collector, (First Class), Moth, by an order dated 112002, whereby, the petitioner was directed to be evicted and damages of Rs.52,200.00 was imposed.
(3.)On 16.12.2002, the petitioner moved an application before the Tehsildar, Moth in the aforesaid case stating that the damages fixed is highly excessive, which may be reduced and he is ready to pay the reduced amount and shall also remove his encroachment over the said land. The said application was disposed of by Tehsildar/Assistant Collector (First Class ), Moth, district Jhansi by order dated 20.12.2002 modifying the order dated 12.12.2002 by reducing the damages to Rs.2,100.00. However, it appears that despite the aforesaid order dated 12.12.2002, as modified by order dated 20.12.2002, under Sec. 122-B of the Act, no steps were taken by the Tehsil authorities for eviction, as provided under Rule 115-E read with paragraphs-137 and 138 of the Revenue Code Manual. It appears that the petitioner did not wholly remove the encroachment, as aforesaid, and continued with his encroachment over plot No.498, over an area of 2242 Sq.Ft. Consequently, again proceeding under Sec. 122-B of the Act, was initiated, which was registered as Case No. 85 of 2009-10 and was decided by the Assistant Collector (First Class ), Tehsil Moth, by order dated 27.11.2015. By order dated 27.11.2015, the petitioner was directed to be evicted from Plot No.498, area 2242 Sq. Ft. of Harijan Abadi.The Tehsildar also imposed damages of Rs.1,34,520.00 and directed for issuance of notice in Form 49-C.