- (1.) Heard Sri B.D. Mandhyan, learned senior counsel assisted by Sri Anuj Mandhyan, learned counsel for the petitioners and, learned standing counsel for the respondents.
(2.) This writ petition arises out of proceedings initiated by the Collector Pilihibit respondent no.3 against the petitioners for their eviction under U.P. Public Premises eviction of Unauthorised Occupant Act 1972. The first order challenged through this writ petition was passed by Prescribed authority/S.D.O. Pilibhit in case no.5 of 1990-91 under Section 4 of the Act State Vs. Hafiz Akhtar and others dated 16.10.1991. Through the said order petitioners were directed to be evicted and Rs.10000/- per acre per year damages were also directed to be realised from them. Against the said order petitioners filed Civil Misc. Appeal No.53 of 1991. The appeal was allowed in part by Ist A.D.J. Pilihibit. Eviction order was maintained but order directing recovery of damages was set aside.
(3.) Petitioners claimed the right over the land in dispute through Hari Babu and Chanda Babu which according to the petitioners were tenure holder of the land in dispute. In 1334 Fasli Revenue records land in dispute was entered in Class/Clause 10 as Dhakil Khabiz (tenure holder in possession) however afterwards it was entered under Clause 6 Ka. The courts below held that there was no order of converting the entry of the land in dispute from Shreni 10 to Shreni 6 Ga. It is also mentioned in the impugned order that suit for declaration filed by Hari Babu and others under Section 229 B of U.P.Z.A. & L.R. Act had been dismissed on 31.12.1982. Extract of Khatauni was filed before the Prescribed authority according to which the land in dispute was in the ownership of the Government under the management of Board of revenue.;