V.D. Bhargava, J. - (1.) THIS is a writ petition under Article 226 of the Constitution filed by Rai Amar Nath Agarwal against the Tehsildar, Sadar, district Mirzapur, the Chairman, Land Management Committee, village Pathera Kalan, Tappa Cheurasi, pargana Kantit district Mirzapur and Gaon Sabha village Pathera Kalan, Tappa, Chaurasi pargana Kantit district Mirzapur.
(2.) THE Petitioner claims to have been the Zamindar of the entire village Pathera Kalan before the abolition of Zamindari. Large tracts of land in the said village had been in cultivation of the Petitioner himself as his khudkasht since long before the abolition of the zamindari in this State. Most of the land in the said village consisted of forest. The forests were cleared up and the said land was brought under cultivation. The requisite authority for bringing the land under cultivation was obtained from the Forest Department also. In 1942 43 a plot of land in this village was given for the purpose of cultivation by the Petitioner to Ram Adhar Singh but later on the Petitioner decided to cultivate the lands in the said village himself and he brought the land in his cultivation. The aforesaid Ram Adhar Singh became the President of the Gaon Samaj and since that land had been taken from him he was out to harass the Petitioner and take possession of this land by all possible means. He, therefore, according to the Petitioner, manipulated wrong entries in the revenue papers It was said that the Petitioner's Ziledar discovered in 1954 that Sita Ram Lekhpal of the area did not record the fact correctly in the revenue papers. The Patwari was warned to make correct entries otherwise a report would be lodged against him. On this asking of the ziledar, the Lekhpal lodged a report against the Petitioner's Ziledar under Section 353, IPC It is further alleged that the Lekhpal in collusion with Ram Adhar Singh, President of the Gaon Samaj filed two reports to the Tehsildar concerned on behalf of the Land Management Committee. One report was filed on or about 22 -3 -1955 which related to plots Nos. 1899, 1900, 1901, 1902, 1903, 1904 and 1905 having a total area of 56 bighas and 15 biswas and having nearly 155 Mahua and other trees and 60 Mango trees. The second report was lodged on or about 26 -2 -1956 but the numbers of the plots were not given. Later on, plots Nos. 1683 to 1698 and 1901, 1902, 1899 and 1900 were given. These two reports were sent for enquiry to the Naib Tehsildar concerned and he called for documentary as well as oral evidence on behalf of the Petitioner. He produced permits from the Forest Department to cultivate this land, canal slips and seven witnesses. On behalf of the Gaon Samaj, extract of Khatauni for 1362F only was filed. The Naib Tahsildar came to the conclusion that the Petitioner had been cultivating this land since before the abolition of the zamindari and was entitled to remain in possession. The report was submitted to the Tehsildar. He appears to have again called for evidence that the land had been in cultivation. He recorded the evidence including the evidence of Ram Adhar Singh, Chairman of the Land Management Committee. According to him the f Petitioner had been cultivating the land at least for the last two or three years. Ultimately he came to the conclusion that since the Petitioner was the sole proprietor of the village and as such he tried to take unauthorised possession of land already vested in the Gaon Samaj and therefore, directed him to pay Rs. 302 as compensation and to be ejected and further directed him to pay Rs. 1360 to the Chairman of the Land Management Committee as con of the trees. The amount was to be paid by 16 -8 -1957 failing which necessary proceedings for execution of ejectment and realisation of the above dues were to be taken. Aggrieved by that decision the Petitioner has come to this Court and filed this writ petition.
(3.) ON behalf of the State a counter affidavit has been filed by the Supervisor Kanungo, Mirzapur according to which it is not the whole land which is cultivated, but a part of it is cultivated and the land had vested in the Gaon Samaj.;