Rakesh Tiwari, J. - (1.) -No counter-affidavit has been filed till date by any of the respondents in spite of notice.
(2.) HEARD counsel for the petitioners and Sri V. K. Singh, counsel for the Gaon Sabha and perused the record. This writ petition is directed against the orders dated 30.4.1983 and 18.1.1984 passed by the Tahsildar/Assistant Collector, First Class, Aligarh and the Additional Collector, Aligarh, respectively. The dispute relates to abadi plot No. 65 area 6 biswa situated in village Balrampur, Pargana Ghurai, Tahsil Iglas, district Aligarh. It is alleged by the petitioner that the said abadi plot is the ancestral property on which a pucca building exists. In the year 1970 the petitioners applied for a declaration under Section 144 of the U.P.Z.A. and L.R. Act. Upon a report submitted by the Tahsildar, Iglas, district Aligarh dated 11.9.1970 by order dated 3.10.1970 declared the land in dispute to be agricultural land. Order dated 7.5.1971 in Case No. 2, Pancham Lal v. State and a declaration under Section 144 of the U.P.Z.A. and L.R. Act was made in respect of the land in dispute but no copy of order has been filed with writ petition and the declaration has not been denied.
(3.) THE Lekhpal on 30.8.1975 submitted a report that Pancham and one Kali Charan were in unauthorised possession of the plot aforesaid for the past over 12 years and the land in dispute was recorded as usar land in the revenue records but it is Gaon Sabha property. Notice in Form No. 49ka was issued to the Petitioner No. 1 who filed objection stating that the land in dispute was abadi and filed copy of khewat of 1357 fasli. In support of his case he also examined Tula Ram, Natthi Bal, Madan and Kishan Lal. Except filing of khasra, no evidence was adduced by the Gaon Sabha. It is alleged that Gaon Sabha failed to substantiate that the land in dispute was usar land and it belonged to Gaon Sabha. By an order dated 17.5.1976 passed in Case No. 479 of 1975-76, Gaon Sabha v. Pancham Lal and others, the Tahsildar, Iglas, district Aligarh ordered the eviction of Petitioner No. 1 and Kali Charan from the land in dispute and further ordered recovery of Rs. 20 as damages from them observing that if the petitioner Pancham Lal and others wanted to have adjudication of their rights, title and interest in respect of the land in dispute, they may do so within a period of one month before the competent authority. Aggrieved by the aforesaid order, the petitioners preferred a revision before the Commissioner, Agra Division, Agra, who vide order dated 24.11.1976, recommended to the Board of Revenue that the revision petition may be allowed, the order of the Tahsildar dated 17.5.1976, may be set aside and the case may be remanded for decision afresh in the light of the observations made by him in order. The recommendations of the Additional Commissioner, Agra, were registered as Reference No. 707 of 1976-77, Pancham Lal v. Gaon Sabha, in the Board of Revenue. By order dated 16.12.1977 the recommendations were accepted. Revision was allowed and the order of the Tahsildar dated 17.5.1976 was set aside and the matter was remanded to the trial court for decision afresh.;