Sunita Agarwal, J. - (1.) By means of the present writ petition, the petitioners are challenging the orders dated 23.5.2016 passed by the Assistant Collector-I/Tehsildar, Tehsil Gyanpur, District Bhadohi and also the order dated 29.10.2016 passed by the Collector, Bhadohi, District Bhadohi in an appeal filed by them.
(2.) It appears that a notice in Form-49Ka was issued to the petitioner no. 1 on account of encroachment in Plot Nos. 449 area 0.006 hectares, 450 area 0.003 hectares and 615 area 0.010 hectares which were alleged as the land of 'Rasta and Khalihan . The said proceedings had been initiated on the basis of report of Lekhpal dated 14.7.2009. The petitioner no. 1 filed his objection on 19.8.2010. It was categorically stated in the objection filed by the petitioner no. 1 that no constructions have been made by him on Plot No. 449 and further his old house is existing in Plot No. 635 which is adjacent to Plot No. 615 which is recorded as 'Rasta .
(3.) On the said objections, it appears that while fixing the date 23.5.2016 for hearing, a direction was given by the Assistant Collector-I/Tehsildar, Tehsil Gyanpur to the revenue team to make an on-the-spot inspection and submit a report after demarcation. The report dated 22.5.2016 was submitted which clearly states that the petitioner no. 1 has not encroached Plot Nos. 449 and 450 whereas in an area of 0.008 hectares of Plot No. 615 which is recorded 'Rasta', the petitioner had made encroachment and constructed his house and Madaha .;