R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 29.12.2000 passed by respondent No. 1 ejecting the petitioner from the land in dispute, in exercise of powers under section 122-B of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as 'the Act').
(2.) It appears that on the basis of report submitted by the Lekhpal, proceedings under section 122-B of the Act were initiated against the petitioner. Report of the Revenue Inspector was called for, who submitted the report to the effect that there was no encroachment made by the petitioner on the land in dispute. On the basis of the said report, the proceedings against the petitioner were dropped by order dated 8.6.1999. The contesting respondents challenged the validity of the said order and filed a revision, which was allowed and the case was remanded to the trial Court. The trial Court called for the report of the Naib-Tehsildar. Naib-Tehsildar, after following the procedure prescribed under the law, submitted a report to the effect that the petitioner made' encroachment upon the land in dispute, which was owned by the village Barkali and has illegally planted trees of eucalyptus in the land in question. Having recorded the said findings, order dated 10.10.2000 was passed by the respondent No. 2 directing the ejectment of the petitioner and for recovery of damages of Rs. 1,200/-. Challenging the validity of the said order, petitioner filed a revision before the respondent No. 1. The respondent No. 1 has also affirmed the findings recorded by the respondent No. 2/and dismissed the revision by judgment and order dated 29.12.2000. Hence, the present petition.
(3.) Learned counsel for the petitioner vehemently urged that the petitioner never encroached upon the land of the Gaon Sabha nor planted any tree in the said land. It was urged that the Courts below have acted illegally in relying upon the ex parte report of the Naib-Tehsildar and in directing the ejectment of the petitioner and also for payment of recovery of damages.;