RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri R.K. Pandey along with Sri Awadhesh Kumar Mishra, for the petitioner, Standing Counsel, for State of U.P. and Sri Sunil Kumar, for the caveator.
(2.) The writ petition has been filed for quashing the orders of Collector dated 06.02.2017, directing Assistant Collector to eject the petitioner from plots 718 and 719 of village Chuharpur Khader, pargana Dankaur, district Gautam Budh Nagar, in accordance with law and Commissioner dated 12.04.2017, dismissing revision of the petitioner, against aforesaid order.
(3.) Rajveer Singh (the caveator) filed Writ Petition (PIL) No. 51669 of 2015, for mandamus, directing district authorities to restore plot 337/2 (new plot 718) (area 5-1-0 bigha) and 337/2 (new plot 719) (area 1-1-0 bigha) of village Chuharpur Khader, pargana Dankaur, district Gautam Budh Nagar, as public utility land. The petitioner contested the matter and Division Bench of this Court vide order dated 14.09.2015, disposed of the writ petition, directing the Collector to hold a proper inquiry and take such action as warranted in accordance with law. In compliance of the order dated 14.09.2015, the Collector held an inquiry and after hearing the parties, found that plots 718 was banjar and 719 was pond. The petitioner is in illegal occupation of these plots. On these findings he directed the Tahsildar to eject the petitioner from the aforesaid plots in accordance with law. The petitioner challenged aforesaid order in revision, which was dismissed by Additional Commissioner holding as premature. Hence this writ petition has been filed.;