- (1.) Heard Shri Rajesh Kumar Yadav,learned counsel of the petitioner and learned standing counsel.
(2.) This writ petition is directed against the orders dated 10.8.99 and 30.9.1999 passed by the respondent no.3 Tehsildar/Assistant Collector, Ist Class, Kirawali, District Agra.
(3.) Brief facts giving rise to the writ petition are that proceedings under section 122-B of Z.A. & L.R. Act and Rule 115-c (hereinafter referred to the Act) was initiated against the petitioner on the report of Lekhpal dated 12.2.1999. Notices were issued to the petitioner. In reply to the said notice petitioner submitted that he had not taken illegal possession over plot no. 316 area 0-1-0 biswa as Abadi land. He further submits that resolution has been passed by Gram Samiti on 15.4.1973 and the petitioner is in possession of the disputed plot since thereafter. The proceedings under section 122-B of the Act have been initiated on account of some complaint of the resident of the village, who are having enmity with petitioner. The petitioner in support of his contention that land was allotted in his favour filed receipt dated 15.4.1973 which has been annexed as annexure-1 to the writ petition. The said receipt was issued by the Gram Sabha. The Assistant Collector, Agra in its order dated 10.8.99 recorded the finding of fact that resolution dated 15.4. 1973 issued by the Gram Pradhan was cancelled by the order of Additional District Magistrate, Agra dated 11.1.1977. On the spot inspection of the disputed plots was made, which were alleged to have been allotted to different persons by resolution dated 15.4.1973. It is culled out from the record that according to Akar Patra nos. 45 and 41, area of plot no. 316 is 0-1-0 biswa and allotment of same is prohibited under section 132 of the Act. As a result of which order was passed to evict the petitioner from plot no 316 area 0-1-0 biswa of village Raipura Ahir Tehsil, Kirwal, District Agra, i.e. disputed plot.;