- (1.) Heard learned Counsel for the parties.
(2.) This writ petition is a sequel to an earlier judgment given by me on 14.3.2005 in an earlier writ petition filed by the present petitioner, i.e., Writ Petition No. 14965 of 2005, Ghanshyam Singh v. State of U.P. and Anr.. Copy of the said judgment is Annexure-7 to the writ petition. The said judgment is also in Ghanshyam Singh v. State of U.P. and Ors., 2005 2 AWC 1040.
(3.) The matter relates to gaon sabha plot No. 1413 area 0.906 hectares situate in village Attaur, Tehsil Sadar, district Ghaziabad. In several cases it has been found that as land of N.O.I.D.A., Ghaziabad and adjoining areas has become extremely expensive hence gaon sabha land is being usurped by private persons and tehsil authorities in collusion with each other and the most convenient method is to mis-use rather abuse Section 122B(4F) of U.P.Z.A. and L.R. Act. In my judgment dated 14.3.2005 (supra) I quoted from an earlier judgment as follows: Whenever a new cut-off-date for conferring benefit of Section 122B (4F) of the Act is provided, people belonging to Scheduled Caste start claiming benefit of the said section by creating evidence of prior possession. In view of this rampant mal-practice it is most essential that whenever benefit of aforesaid Sub-section (4F) is claimed the claimant must show that he is in unauthorized possession over gaon sabha land and his name is recorded in the revenue records prior to the cutoff-date or the proceedings for his ejectment must be pending since before the cut-off-date. If it is not so then no amount of evidence can be looked into in that regard. In most of the cases like the present ones Pradhans, Lekhpals and other Revenue authorities in collusion with claimants give wrong reports of possession of the claimants prior to the cut-off-date.;