- (1.) HEARD Sri J.S.P.Singh, learned counsel for petitioner and learned Standing Counsel on behalf of respondents no. 1 to 3.? Since all the respondents are represented, this writ petition is being decided finally.
(2.) THIS writ petition is directed against the order dated 16.04.2012 passed by the Assistant Collector/Tehsildar Sadar, district Rampur in Case NO. 36/2010-11, Gaon Sabha vs. Nazir Ali under Section 122-B of the U.P.Zamindari Abolition and Land Reforms Act as also the revisional order dated 29.08.2012 passed in Revision No. 13/2011-12, Nazir Ali vs. Gaon Sabha by the Collector Rampur. According to learned counsel for petitioner, notice was served on the petitioner that he has made constructions over gata no. 409/1, which is Gaon Sabha land.? The petitioner filed his reply thereto and in paragraph 2 of his reply, he clearly stated that the petitioner has not made any construction or encroachment and his house and constructions are existing since the time of his ancestors on the side of the road.? Considering his reply, the Assistant Collector Ist class, on the basis of the report of the Lekh Pal and Revenue Inspector recorded that gata no. 409 is Gaon Sabha land wherein there is a rasta also and the petitioner has made constructions of his house, kitchen room and toilet thereupon and as such has directed the petitioner to be evicted and imposed compensation upon him.
(3.) THE petitioner feeling aggrieved filed Revision No. 13/2011-12, Nazir Ali vs. Gaon Sabha before the Collector Rampur wherein the Collector Rampur by the impugned order dated 29.08.2012 has? rejected the revision of the petitioner. Learned counsel for the petitioner has submitted that unless a proper survey was made, no finding could be recorded that the constructions of the petitioner are on Gaon Sabha land being Gata No. 409.? He further staztes that his constructions are not on gata No. 409.;