- (1.) D. S. Sinha and S. C. Verma, JJ. Iden tical questions arise for determination in the aforesaid Writ Petitions in which similar orders passed by the Assistant Collector/tehsildar Garhmukhteshwar, District-Ghaziabad dated 6-10-1986 and order dated 2-1-1987 passed by the Additional Collec tor, Ghaziabad, have been challenged.
(2.) IT has been alleged by the petitioners that originally village Lathira (ITmali) Tehsil/pargana Hasanpur, District Moradabad having an area of 1339 acre of land was recorded in Settlement Map of 1904-05. Due to fluvial action of river Ganga, part of the land of Village Lathira was divided and it became part of village Rampur Niyamat pur, Tehsil Garmukteshwar District-Ghaziabad. IT has further been alleged that in the Settlement year 1958 only 59 acres of land of village Lathira remained in District Moradabad and the remaining land of an area of about 1280 acres towards west of river Ganga was included in the District of Meerut and thereafter in the year 1976 with new District of Ghaziabad. The petitioners have alleged that the entire land remained in the tenancy of residents of village Lathira who were in cultivators possession and were recorded as tenants. The disputed land in the Settlement Map of 1958 was numbered as plot Nos. 5 and 6 and was allotted to those persons of village Lathira who were originally tenure-holders in possession on the basis of resolution dated 14-1-1978 passed by the Gaon Sabha Lathira. The petitioners claimed that they were recorded tenure-holders in Khasra of 1387 fasli over the land in their possession as plot No. 6m/2 of Khata No. 92 area 3. 12 acres. The petitioners further claimed that due to boundary dispute between District-Moradabad and District-Ghaziabad with regard to the land of village Lathira, the authorities of District-Ghaziabad started claiming the disputed land to be plot No. 144 of village Rampur Niyamatpur, Tehsil-Garhmukteshwar District-Ghaziabad and initiated summary proceedings under Sec tion 122-B of the U. P. Zamindari Abolition and Land Reforms Act against the petitioners and other tenure-holders over the land of village Lathira by serving notice under the old Form No. 49-A of the U. P. Zamindari Abolition and Land Reforms Act. The petitioners filed objection alleg ing therein that the land over which they have possession is plot No. 6-B/2 of village Lathira, Tehsil-Hasanpur, District Moradabad and they are not in possession over any plot of land of village Rampur Niyamatpur, Tehsil Garhmukteshwar, Dis trict-Ghaziabad. The petitioners also chal lenged the jurisdiction of revenue authorities to proceed in the matter and alleged that they were allotted the land on the basis of resolution dated 14-1-1978 passed by the Gaon Sabha Lathira. During the pendency of the case the State Govern ment by order dated 18-8-1986 appointed Sahayak Abhilekh Adhikari respondent No. 4 to decide the boundary dispute of several villages adjoining the Districts Ghaziabad and Moradabad with included village Ram pur Niyamatpur of District-Ghaziabad and village Lathira, of District-Moradabad as well.
(3.) THE Tehsildar/assistant Collector, Garhmukteshwar on the basis of report of Halka Lekhpal and on the basis of his state ment, held that the petitioners were in un authorised occupation over the disputed land. THE petitioners also submitted their statements and filed documents in support of their case including the copy of resolution dated 14-1-1978. After considering the material on record, it was held that the petitioners were in unauthorised possession over the disputed land and were liable to abetment and to compensate in respect of two fasli years 1392 and 1394 amounting to Rs. 7, 900. The order of the Assistant Collector was affirmed in revision by the Additional Collector, Ghaziabad with regard to the issue that the disputed land is part of village Rampur Niyamatpur, District-Ghaziabad. The Additional Collector, held that the petitioners failed to produce any evidence that the land is situated in village Lathira, or forms part of this village. It has been held that on the basis of the report of Lekhpal and the relevant Khatauni, it is established that the disputed land forms part of the village Rampur Niyamatpur, Tehsil-Garhmukteshwar, District-Ghaziabad. This was further established from the copy of the question and answer filed before the Settle ment Officer Consolidation that the dis puted land forms part of village Rampur Niyamatpur. The petitioners treating it to be part of the land of village Rampur Niyamatpur had objected that the present proceeding under Section 122-B of the U. P. Zamindari Abolition and Land Reforms Act abated in view of the pendency of the Consolidation proceedings.;