PREM CHANDRA Vs. COLLECTOR, CHITRAKOOT AND ORS.
LAWS(ALL)-2015-7-118
HIGH COURT OF ALLAHABAD
Decided on July 07,2015

PREM CHANDRA Appellant
VERSUS
Collector, Chitrakoot And Ors. Respondents

JUDGEMENT

Anjani Kumar Mishra, J. - (1.) HEARD Sri H.O.K. Srivastava v learned Counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Anuj Kumar who has accepted notice on behalf of the respondents No. 3 and 4 Gaon Sabha and Land Management Committee respectively. The petition arises out of proceedings under section 122 -B of the U.P. Zamindari Abolition & Land Reforms Act and is directed against the order dated 27.1.2015 passed by the respondent No. 1, Collector, Chitrakoot.
(2.) THE dispute in the writ petition pertains to a portion of Plot No. 810 having an area of 359 sq. feet situated in Village Khohi, Tehsil Karvi, District Chitrakoot. It appears that a notice in Form 49 -A was issued to the petitioner on 8.11.1988 alleging the he had encroached upon the land in question which was Gaon Sabha property and had constructed a house thereon. The notice assessed the damage caused to the Gaon Sabha property to the tune of Rs. 7,140/ -.
(3.) IT appears that an objection was filed by the petitioner alleging therein that the house had been constructed over the land in question, much before the abolition of Zamindari which also consists of a shop. It was further alleged that a shop of one Jagdish Prasad existed north of the land in question. Notice under Form 49 -A had been issued to Jagdish Prasad too, but the said notice was withdrawn vide an order passed in the year 1983.;


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