- (1.) HEARD Sri B.D. Mishra for the petitioner, Standing Counsel for the State of U.P. and Sri Diwakar Singh, Standing Counsel for Gram Panchayat.
(2.) THE writ petition has been filed against the order of Assistant Collector dated 02.02.2013 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.25/531, area 0.011 hectare of village Karari, tehsil Manjhanpur, district Kaushambi and the order of Additional Collector dated 20.10.2014 dismissing the revision of the petitioner against the aforesaid order.
(3.) BOTH the courts below have concurrently held that plot no.25/531 was reserved for extension of abadi in which the petitioner has illegally constructed his Charahi etc. and thus is in illegal occupation of it. Accordingly, the order of ejectment of the petitioner from the land in dispute has been passed by the Assistant Collector, which order has been upheld by the Additional Collector. The counsel for the petitioner submits that earlier also proceeding under Section 122B of U.P. Act No.1 of 1951 was taken but it was later on dropped by the Sub Divisional Officer by order dated 5.4.1989 and on the same ground the proceeding under Section 122B of U.P. Act No.1 of 1951 was again started against the petitioner. He further submits that adjacent to plot no.25/531 there is abadi plot no.24 in which construction of the petitioner is lying since before the date of vesting and the petitioner has not occupied any part of plot no.25/531 and the order of ejectment has been passed without making any survey in this respect. Although the petitioner is denying his occupation over plot no.25/531 from the very beginning and has stated that he is in occupation of plot no.24 but in spite of this fact survey has not been made and the order of ejectment has been passed only on the basis of report submitted by Lekhpal.;