JUDGEMENT
Sudhir Narain Agarwal, J. -
(1.) HEARD Shri Raj Singh, learned counsel for the petitioner and the learned counsel for contesting respondents. The proceedings for ejectment from 100 sq. yards of land of plot No. 1275 situated in village Karab, Tahsil Mant, district Mathura were taken against the petitioner on the allegation that the petitioner had illegally taken possession of the aforesaid land which belongs to the Gaon Sabha concerned. The petitioner filed objection. He denied that he was in possession of plot No. 1275 but he was in possession over plot No. 1277. This was not accepted by the Tahsildar, respondent No. 2 and it was found that the petitioner was in illegal possession over plot No. 1275. The petitioner preferred revision. Respondent No. 1 has dismissed the revision on 16.11.1991. The petitioner filed review application which was rejected on 9.9.1997. All the authorities concerned recorded concurrent finding that the petitioner was in illegal possession. He was in unauthorised possession of the plot No. 1275 which belongs to Gaon Sabha. This finding does not require any interference under Article 226 of the Constitution of India.
(2.) THE second submission of the learned counsel for the petitioner is that the amount of Rs. 8,000/ - was arbitrarily fixed by the respondent concerned. The petitioner is alleged to have taken possession over 100 sq. yards of land of plot No. 1275. The period of possession has not been determined by the authority concerned. Respondent No. 2 was to determine the amount of damages on the basis of rental value of the land in question. It is not necessary to remand the matter for redetermination. Considering the facts and circumstances of the case, the petitioner shall deposit Rs. 3,000/ - with the authority concerned within two months from today. The writ petition is allowed in part so far as the quantum of damages is concerned, as indicated above. The writ petition against ejectment of the petitioner is dismissed.;
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