RAM SURAT RAM MAURYA, J. - (1.) HEARD Sri Manoj Yadav for the petitioner.
(2.) THE writ petition has been filed for quashing the order of Assistant Collector dated 19.10.1991 passed in the proceeding under Section 122B of U.P. Act No.1 of 1951 by which he has directed for ejectment of the petitioner from plot no.74 area 10 decimal and plot no.76 area 20 decimal of village Haji Rampur, tehsil Rasra, district Ballia and order of Collector dated 30.8.2014 dismissing the revision of the petitioner against the aforesaid order.
(3.) ON the basis of the report of Lekhpal that the petitioner was found in illegal occupation of plot no.74, area 10 decimal, which was reserved for manure pit and plot no.76, area 20 decimal, which was reserved for khalihan, a proceeding under Section 122B of U.P. Act No.1 of 1951 was initiated against the petitioner. The petitioner contested the case and denied his possession over the land in dispute. In the light of the denial Additional Tehsildar himself made a spot inspection and in his report dated 22.2.1991 found that in plot no.74 there was a pit in the area of 01 decimal and on the remaining area the petitioner has planted moonj and in plot no.76 petitioner has raised construction and planted four mahua, two neem, one goolar and one sheesham trees . Thereafter the matter was heard. The Assistant Collector relying upon the statement of Lekhpal as well as Pradhan found that the petitioner has occupied an area of 10 decimal of plot no.74 in which crop of wheat has been sown and an area of plot no.76 by raising construction on it as well as planting trees. Accordingly, he by impugned order dated 19.10.1991 directed for ejectment of the petitioner and also imposed penalty of Rs.2435 Rs.43. The petitioner filed a revision against the aforesaid order which has been dismissed by the Additional Collector by order dated 30.8.2014. Hence this writ petition has been filed. The counsel for the petitioner submits that Tehsildar has illegally held that the petitioner has planted moonjh over the land in dispute whereas the moonjh is a grass which naturally grows on the vacant land. He further submits that the petitioner was in temporary occupation of the land by raising a chhappar over it, which was removed by him. So far as the trees standing over the land in dispute are concerned, these were never planted by the petitioner but being the vacant land the trees have naturally grown. The Pradhan was having enmity with the petitioner as such he made a false statement before the court. The statement of the petitioner as well as spot inspection report has been illegally not considered.;