- (1.) HEARD Sri Lok Pal Singh, Counsel for the petitioners and Standing Coun sel for the respondents.
(2.) BY the present writ petition, the petitioners have prayed for a writ of certiorari quashing the order dated 11-05-1993 passed by the Collector, Haridwar. Briefly stated the dispute relates to khasara no. 118 over which petitioner Atma Ram had built his residen tial house. Proceedings under section 122-B of U. P. Z. A. and L. R. Act were ini tiated against the petitioners vide case No. 12/1m/82-83 and the dispossession of the petitioners from a part of khasra No. 118 was claimed. The Tehsildar, Roorkee vide order dated 25-10-1986 dismissed the eviction proceedings and quashed the notice 49-A dated 30-06-1981 and rejected the application un der section 122-B of U. P. Z. A. and L. R. Act. Thereafter, again a notice under section 49-A was served upon the pe titioner and proceedings under section 122-B of U. P. Z. A. and L. R. Act, were ini tiated vide case No. 104 of 1991 for dispossession of the petitioner from a part of khasara plot no. 118. The As sistant Collector vide order dated 25-10-1986 quashed the notice issued to the petitioner. Against the order of the Assistant Collector, Gaon Sabha went in revision and the revisional court re manded the case back to the respond ent no. 2 with the direction that the disputed land be measured and spot in spection be made. Thereafter again the Assistant Collector decided the case on 8-2-1993 in favour of> the petitioner and discharged the notice. The Gaon Sabha again preferred revision No. 93 of 1993 before the Collector, Haridwar. The Collector allowed the revision vide order dated 11-5-1993 and set aside the order of Tahsildar dated 8-2-1993 and also directed that proceedings for cancellation of allotment of the land in dispute be initiated. The said order has been challenged in the present writ pe tition. The petitioners have submitted that section 122-B provides the power of the Land Management Committee and the Collector for initiating the proceedings relating to the land which has been occupied othep. Wise than in ac cordance with the provisions of the Act. The Abadi land is excluded from the operation of the notice under section 49-A.
(3.) THE Assistant Collector, vide or der dated 8-2-1993 has recorded a finding that the petitioner is in posses sion of the land and has constructed a house over the land. Thus the land is Abadi land and he accordingly with drew the notice under section 49-A of U. P. Z. A. and L. R. Act. Section 122-B of the Act, reads as under : 122-B. Powers of the Land Manage ment Committee and the Collector- (1) Where any property vested un der the provisions of this Act, in a Gaon Sabha or a local author ity is damaged or misappropri ated or where any Gaon Sabha or local authority is entitled to take or retain possession ofany land under the provisions of this Act and such land is occupied othep. Wise than in accordance with the provisions of this Act, the Land Management Commit tee or Local Authority as the case may be, shall inform the Assistant Collector concerned in the manner prescribed. (2) Where from the information re ceived under sub-section (1) or othep. Wise the Assistant Collector is satisfied that any property re ferred to in sub-section (1) has been damaged or misappropri ated or any person is in occupa tion of any land, referred to jn that sub-section, in contravention of the provisions of this act, he shall issue notice to the per son concerned to show cause why compensation for damage, misappropriation or wrongful oc cupation as mentioned in such notice be not recovered from him or, as the case may be why he should not be evicted from such land. (3) If the person to whom a notice has been issued under sub-sec tion (2) fails to show cause within the time specified in the notice or within such extended time not exceeding (thirty days) from the date of service of such notice on such person as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person may be evicted from the land and may, for that purpose, use, or cause to be used such force as may be nec essary and may direct that the amount of compensation for damage, misappropriation or wrongful occupation be recov ered from such person as arrears of land revenue.;