V.G. Oak, J. - (1.) THIS petition under Article 226 of the Constitution is directed against an order passed by the learned sub -Divisional Officer, Harraiya, District Basti under Section 212A, UP ZA and LR Act (hereafter referred to as the Act).
(2.) ON the 9th June 1959 the Gram Sabha, Harraiya moved an application before the Sub Divisional Officer complaining that, Raghubir and others were interfering with certain land, which belonged to the Gram Sabha. The land in question was being used as common grazing ground for the village, public way and threshing ground. The Gram Sabha, therefore, requested for the ejectment of Raghubir and others. Raghubir and others filed an objection on the ground that the land in dispute was not of public utility and the objectors were in possession for mote than 20 years. The objection of Raghubir and others was ever -ruled by the learned Sub Divisional Officer by his order dated 8th February, 1960. He ordered that the objectors should be ejected from the land. The present writ petition by Raghubir and six others is directed against the order dated 8th February, 1960. The main contention of Mr. Yashoda Nandan appearing for the Petitioners is that, the learned Sub Divisional Officer had no jurisdiction to proceed against the Petitioners under Section 212A of the Act. Section 212 A runs thus: (1) Without prejudice to the provisions of Section 212. the Chairman, Member of Secretary of a Land Managing Committee may make an application to the Collector for ejectment from the land of the person in possession of the land referred to in Section 212...
(3.) IT will thus be seen that, in order to justify summary procedure under Section 212A of the Act, it is necessary to establish that the land in dispute is land referred to in Section 212. It, therefore, becomes necessary to examine the question whether the land in dispute in the present case was of the description given in Section 212 of the Act.;