S.U. Khan, J. - (1.) HEARD learned Counsel for the Petitioners and learned standing counsel for the Respondent Nos. 1 and 2. Proceedings under Section 122 -B of U.P.Z.A.L.R. Act were initiated against the Petitioners in the form of case No. 17/36 Gram Samaj v. Shiv Ji and another. Additional Tehsildar/Assistant Collector Ist Class Tehsil Sadar, Shahjahanpur through order dated 31.03.1998 (copy of which is Annexure 2 to the writ petition) dropped the proceedings and decided the matter in favour of the Petitioners. The Additional Tehsildar held that proceedings had been initiated by the lekhpal due to enmity with the Petitioner and some criminal case was also pending between Petitioners and previous Kanoongo. Copy of notice in proforma 49 Ka which was issued to the Petitioners before initiation of the proceedings is Annexure 1 to the writ petition. Against the order passed by the Additional Tehsildar Gaon Sabha filed revision No. 13 of 1998 Additional Collector Finance and Revenue Shahjahanpur allowed the revision through judgment and order dated 17.12.1998 and remanded the matter to the Additional Tehsildar. This writ petition is directed against the remand order.
(2.) THERE may or may not be enmity between lekhpal and the person against whom proceedings for eviction under Section 122 -B of U.P.Z.A.L.R. Act for eviction from Gaon Sabha property are initiated, however, the relevant fact to be decided after initiation of proceedings by issuing notice in proforma 49 Ka is as to whether the noticee is in unauthorized occupation of Gaon sabha land or not. This fact was not decided by the Additional Tehsildar. Petitioners claimed that they had planted trees over the land in dispute. Even if someone has planted trees in the gaon sabha land, still they can not drive any right or interest in the land. Accordingly, there is no merit in the writ petition, hence, it is dismissed. Petitioners and gaon sabha are directed to appear before the additional Tehsildar on 31.03.2011. Office is directed to supply a copy of this order free of cost to Sri S.P. Misra, learned standing counsel within a week for immediately sending the same to the Additional Tehsildar Tehsil Sadar Shajahanpur.;