ANIL KUMAR,J. - (1.) HEARD Sri Vinod Kumar Singh -II, learned counsel for petitioner, learned State counsel and perused the record.
(2.) THE controversy involved in the present case relates to Plot No. 162 area 275 sq. ft. situated in village Pakrela, Pargana Amsin, Tehsil and district - Faizabad. In the said land, the petitioner has built a house, as such a notice has been given to him to file response in a proceeding initiated against him under Section 122 -B of the U.P.Z.A. and L.R. Act. In the said matter, an order dated 21.07.2007 has been passed by Tehsildar/Assistant Collector, Sadar, Faizabad thereby passing the order of eviction of the petitioner and awarding the damages. Aggrieved by the said fact, the petitioner filed a revision before the O.P. No. 1, dismissed by order dated 09.04.2014.
(3.) LEARNED counsel for petitioner while arguing the present matter submits that the present land is a Banjar land, as such taking into consideration the said fact as well as the provisions as provided under Section 123(1A) of the Act, the land should be settled with the petitioner, so the impugned order passed by Tehsildar/Assistant Collector, Sadar, Faizabad without taking into consideration the said fact is totally illegal and arbitrary, contrary to the law, liable to be set aside. Learned State counsel on the basis of the averments made in para No. 3 of the counter affidavit submits that Plot No. 162 area 275 sq. ft. situated in village Pakrela, Pargana Amsin, Tehsil and district - Faizabad is the property of the State and the management of which has been entrusted to the Gram Sabha concerned and is recorded in revenue records under Clause 6(4) as 'manuere - pit'. The petitioner without any justification trespassed the same by raising construction thereon, as a result of which on the basis of report of Lekhpal concerned proceedings U/s 122 -B of U.p.Z.A. and L.R. Act were initiated against the petitioner and show cause notice in Z.A. Form 49 -A was issued against him. Against the show cause notice the petitioner submitted his reply raising technical grounds and further alleged that the land in question was recorded in the khata of abadi in first consolidation and he has raised constructions thereon and is living in the same.? Since, he is an agricultural labourer and as such the land in question has been settled with him as his abadi by virtue of Section 123 (1) of U.P.Z.A. and L.R. Act.;