RAM SURAT RAM (MAURYA), J. - (1.) HEARD Sri Shikhar Awasthi for the petitioner, Standing Counsel for State of UP and Sri Rajesh Yadav for Gram Panchayat.
(2.) IN the facts of the case, the Standing Counsel does not propose to file counter affidavit at this stage. With the consent of the parties, the writ petition is finally decided.
(3.) THE writ petition has been filed against the order of Assistant Collector dated 27.8.2013 passed in the proceeding under Section 122 B of UP Act No. 1 of 1951 by which the ejectment of the petitioner from plot no. 347/kha /2 of an area of 0.0336 hectare of village Khedabhau, Tehsil Kairana, distt. Shamli has been ordered and penalty of Rs. 30,000/ - has been imposed upon him and the order of Collector dated 30.1.2015 dismissing the revision of the petitioner. Notice in Proforma 49 ka was issued to the petitioner showing his illegal occupation over an area of 0.0336 hectare of plot no. 347 kha/2 of village Khedabhau, Tehsil Kairana, distt. Shamli which was reserved for mainure pit. However the petitioner appear before the Assistant Collector and filed his objection and denied his occupation over the land showing in the notice. Thereafter a report was called for from Lekhpal, who submitted his report dated 30.7.2013 in which it was found that there is no illegal occupation of the petitioner over mainure pit but he has mentioned that the petitioner is in illegal occupation of plot no. 347 which is general abadi. Thereafter the matter was heard by the Assistant Collector who relying upon the report of Lekhpal directed for ejectment of the petitioner from plot no. 347 of an area of 0.0336 hectare and also imposed penalty of Rs. 30,000/ -. Revision filed against the aforesaid order has been dismissed. Hence this writ petition has been filed.;