Ram Surat Ram (Maurya), J. - (1.) NOTICE on behalf of respondents -1 to 3 has been accepted by the Chief Standing Counsel and on behalf of respondents has been accepted by Sri Anuj Kumar. In view of the facts of the case, the Standing Counsel do not propose to file any counter affidavit. With the consent of the parties the writ petition is decided finally.
(2.) THE writ petition has been filed against the order of the Assistant Collector dated 8.11.2013 in the proceeding under section 122 -B of U.P. Act No. 1 of 1951 and the order of the Collector dated 23.1.2014 passed in the revision filed by the petitioner. On the allegation that the petitioner had encroached upon khalihan land of plot No. 1544 of village Mohan Purwa, tehsil and district Banda, a notice in Form 49Ka was issued to the petitioner. The petitioner appeared before the Assistant Collector and filed objection. In the objection the petitioner has stated that in plot No. 1544 there was old abadi of the area 0.594 hectare and an area of 0.300 hectare was left as khalihan. The house of the petitioner is existing in the abadi part of plot No. 1544 and is an ancestral house. The petitioner has not raised any new house over it nor has encroached upon any part of khalihan land. The Assistant Collector by the impugned order held that on the basis of the statement of Lekhpal it was proved that the petitioner had occupied the land of khalihan as such ejectment of the petitioner from an area of 0.018 hectare of plot No. 1544 has been directed and Rs. 20,000/ - has been imposed as penalty upon the petitioner. The petitioner filed a revision from the aforesaid order which has been dismissed by the Collector by order dated 23.1.2014. Hence this writ petition has been filed.
(3.) THE Counsel for the petitioner submits that admittedly major portion of plot No. 1544 is recorded as old abadi and only an area of 0.300 hectare of the plot is left as khalihan. Therefore, in order to say that the petitioner has encroached upon the land of khalihan the revenue authorities are required to make a survey on the spot. It is only on the basis of the report of Lekhpal, location of khalihan as well as abadi cannot be decided. The statement of Lekhpal without survey and measurement on the spot is not sufficient. In such circumstances the order directing demolition of the house of the petitioner is illegal and will cause a grave and irreparable loss to him.;