- (1.) Heard Sri Avnish Kumar Srivastava learned counsel for the petitioner.
(2.) This matter had been adjourned on two occasions to enable the learned counsel for the petitioner to assist the Court as to under which provision a declaration was granted to the petitioner on which reliance is being placed through Annexures-1 and 2. The petitioner claims to have been declared a sirdar on deposit of Rs. 10 times of the hereditary rate of rent. The orders are of 1958 and 1963.
(3.) On a query by the Court learned counsel for the petitioner has produced the old statutory provision of Section 211A which has now been deleted. The same is quoted herein-under : 211A. Summary procedure for ejectment of person occupying land without title.-- (1) Where on an application from the Chairman, Member or Secretary of the Land Management Committee or on facts coming to his notice otherwise, the Collector is satisfied that any person who is liable to ejectment on the suit of the Gaon Sabha otherwise than under Section 212 continues to be in possession of the land otherwise than in accordance with the provisions of this Act or has transferred possession of land to any other person, the Collector may if he thinks that it is necessary so to do, issue a notice to such person and to every other person in possession through him to appear within a time to be fixed by him and to show cause why an order of ejectment be not made against them. (2) The Gaon Sabha and all other persons interested in the land shall be made a party in all such proceedings. (3) Where the person does not appear in pursuance of the notice under sub-section (1) or if he appears but does not contest the notice, the Collector may make an order for the ejectment of such person and every other person claiming possession through him. (4) If the person appears, in pursuance of the notice under sub-section (1) and files any objection, the Collector shall proceed to hear the Gaon Sabha and the objector and any evidence which they may adduce. (5) Where upon the said hearing the Collector is satisified that such person is liable to ejectment as aforesaid, he shall pass an order for ejectment of such person and if the other person is in possession through him. (6) Where an order for ejectment has been passed the person against whom the order has been passed, may institute a suit to establish the right claimed by him but subject to the results of such suit the order passed under sub-section (3) or (5) shall be conclusive.;