- (1.) S. N. Srivastava, J. This writ petition is directed against the order dated 10-9-1998, passed by the Tehsildar, Hasanpur/assistant Collector, 1st Class, Hasanpur, District Jyotiba Phulenagar and other order dated 7- 3-2001, passed by the Additional Collector (Finance and Revenue), Jyotiba Phulenagar dismissing the revision preferred against said order.
(2.) IT transpires from the record that in Village Daudpur Bujurg, Tehsil Hasanpur, District Jyotiba Phulenagar Plot No. 3, area. 08 hectare, Plot No. 7,. 11 hectare, Plot No. 16, area. 04 hectare and Plot No. 19, area. 08 hectare, total area. 31 acre were recorded as Chakroad which were in possession of petitioner. In a proceeding under Section 122-B of the U. P. Zamindari Abolition and Land Reforms Act, Tehsildar passed an order for eviction of petitioner (J. K. Dairy and Foods Limited) from aforesaid plots and also imposed damages of Rs. 7,44,000/- calculating at the rate of Rs. 500/- per sq. yard. Order of Tehsildar was affirmed in revision. Heard learned Counsel for the petitioner and learned Standing Counsel as well as learned Counsel for Gaon Sabha. The only ground urged by the learned Counsel for the petitioner is that the damages calculated against the petitioner is contrary to law and is liable to be quashed, but he did not dispute the order of eviction passed by the impugned order. Learned Counsel for the petitioner urged that under Section 115- F (2) of the U. P. Zamindari Abolition and Land Reforms Rules damages ought to have been calculated on the basis of the amount of rent computed at sanctioned hereditary rates. Learned Counsel for the petitioner also urged that the damages imposed by the impugned order was not calculated on the basis of sanctioned hereditary rate and as such the impugned order is liable to be quashed.
(3.) IN reply to the same, Sri Bhola Nath Yadav, learned Standing Counsel, urged that though there is no definition of sanctioned hereditary rate under the U. P. Zamindari Abolition and Land Reforms Act or the Rules framed thereunder, but any word which is not defined under the U. P. Z. A. and L. R. Act or the Rules framed thereunder, but is mentioned in the U. P. Tenancy Act, the same shall be taken note of for the purposes of sanctioned hereditary rates. He referred Sections 110, 111 and 112 of the U. P. Tenancy Act in this regard where the rates of hereditary tenancy are required to be determined in accordance with the procedure prescribed therein. He further urged that the damages should be calculated according to sanctioned hereditary rates on the principles laid down under Section 110, 111 and 112 of the U. P. Tenancy Act. Lastly he urged that impugned orders were rightly passed in accordance with law. Considered arguments of learned Counsel for the parties.;