Ritu Raj Awasthi, J. - (1.) Heard learned Counsel for the petitioner, learned Standing Counsel and Mr. Azad Khan, learned Counsel for opposite party No. 4/Gram Sabha. The instant writ petition has been filed challenging the impugned orders dated 11.4.2014, 27.6.2015 and 10.11.2006, whereby the order under Sec. 122 -B of U.P.Z.A. & L.R. Act for dispossession of petitioner from land recorded as Gata No. 1239 measuring 0.002 hectare chakroad and Gata No. 1995 measuring 0.013 hectare recorded as naveen parti at Village Kauhar, Pargana Amethi, Tehsil Gauriganj, District Sultanpur has been directed and Rs. 430/ - as compensation and Rs. 5/ - as expenses have been awarded. As per the facts of the case as given in the writ petition, the petitioner claim that his house is existing in a part of Gata No. 1995, measuring 0.013 hectare in the said village. It is submitted that on the basis of false report of Lekhpal notice om Form 49 -Ka was issued to the petitioner by opposite party No. 3 to which the petitioner had filed objection. Thereafter the impugned order dated 10.11.2006 was passed dispossessing the petitioner from the land in question. The petitioner had filed revision before opposite party No. 2 which was rejected without considering the submissions made therein. The restoration/recall applications moved against the said order was also rejected vide orders impugned dated 11.4.2014 and 27.6.2015.
(2.) Learned Counsel for the petitioner submits that in fact the proceedings for dispossession were initiated with respect to land situated at Gata No. 1239 measuring 0.002 hectare which is a chakroad as well as the land situated at Gata No. 1995 measuring 0.013 hectare. The petitioner has no concern with the land situated at Gata No. 1239 and the said land may vest with Gaon Sabha. However, so far the land measuring 0.013 hectare at Gata No. 1995 is concerned, the house of the petitioner is existing on a part of the said land. The said house was constructed by his ancestors more than 50 years back. The opposite parties have not considered this fact while passing the impugned orders and have not given the benefit of Sec. 123(1) of U.P.Z.A. & L.R. Act.
(3.) Learned Standing Counsel on the basis of instructions submits that the petitioner has encroached the land in question and dispossession order has been passed by the authorities concerned after considering the relevant records and making spot inspection.;