JUDGEMENT
M.P.Singh -
(1.) ON the joint request of the parties the case is being disposed of finally today.
(2.) THE dispute relates to plot no. 381 measuring 1.64 acres situate in village Sullanpur, Pargana Sikanderpur, Tehsil Rasra, district Ballia.
The proceedings under section 122-B of U. P. Zamindari Abolition and Land Reforms Act were initiated against the petitioner. Both the parties led oral and filed documentary evidences. The Tehsildar passed an order of ejectment of the petitioner from the said land and also directed him to pay Rs. 1476/- as damages. This order was affirmed by the revisional courts. The present writ petition is directed against those orders.
Heard counsel for both the parties.
(3.) THE learned counsel for the petitioner contended that in this case Tehsildar while passing the impugned order has not taken into consideration the statement of the Pradhan of the Gaon Sabha. He has only relied on C. H. Form 45 issued by the consolidation authorities in which the land was recorded in the name of Junior High School Sultanpur. THE same mistake was committed by the revisional courts.
In order to appreciate the controversy, statutory frame work of Zamindari Abolition and Land Reforms Act is to be considered.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.