Rakesh Tiwari, J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel.
(2.) THE counsel for the petitioner states that all the connected writ petitions pertain to the same land, facts and circumstances and having arisen out of a common judgment dated 31.12.1991 may be decided together. THE counsel for the respondents has no objection to this prayer, hence, these petitions are being decided by this common judgment as questions of fact and law indicated the same. The petitioner has challenged the order of the Additional District Magistrate / Upper Collector, Muzaffarnagar dated 31.12.1991. By the aforesaid order, the authority has allowed the revision of the Gaon Sabha under Section 122B (4A) of the U. P. Zamindari Abolition and Lands Reforms Act, 1950 (hereinafter referred to as the "Act"), directing dispossession of the petitioner from the land in dispute filed against the order of the Assistant Collector, Muzaffarnagar dated 16.2.1991 withdrawing the notice and proceedings under Section 122B initiated on the complaint of the Lekhpal/Secretary, Land Management Committee, Village Purkazi Dehat, Pargana Prchapar District Muzzafarnagar.
(3.) THE fact as culled out from the record and from the arguments of the learned counsel for the petitioner are that Khata No. 1047 Khasra plot No. 1174 was recorded in the name of U. P. Chalchitra Nigam, Lucknow. In khatauni for the year 1398-1403 fasli, the above khata is not recorded in the name of Gaon Sabha. THEse documents have been appended as Annexures-1 and 2 to the writ petition respectively. The petitioner claims himself to be the landless agricultural labourer belonging to scheduled caste. It is averred in the writ petition that he has occupied the part of the aforesaid land with the permission of the recorded tenure holder prior to 30.6.1985 and thereafter constructed a jhopari on it; that he applied to the Gaon Sabha for allotment of the land on 20.4.1989 vide resolution No. 2 with Pradhan of the village who proposed allotment of the portion of the land to the petitioner on which he had built jhopari (thached house) on the ground that they are in occupation of the land for more than five years.;