Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THIS writ petition has been filed for quashing the impugned orders dated 31.3.1993 and 30.6.1992 passed by respondent Nos. 1 and 2 respectively. The case of the petitioner is that the petitioner's house is situate in plot No. 654/2 since before the U. P. Zamindari Abolition and Land Reforms Act. The disputed land is the site land attached to the house and is part and parcel of the house. Consequently it does not come under the category of the land as defined under the U. P. Zamindari Abolition and Land Reforms Act and the house along with the site land attached to the house vested with the petitioner. Case No. 34/90-91, Gram Sabha Bamrauli Katara v. Raghuwar Dayal was initiated in pursuance of the report of Lekhpal dated 10.5.1990 in which it was reported that the petitioner has illegally constructed a chabutra in front of his house which is the land of Gaon Sabha, hence he be dispossessed from the said land and the possession of the aforesaid land be given to the Gaon Sabha. Consequently a notice was issued to the petitioner.
(3.) ON receipt of notice the petitioner filed an objection thereto denying the allegations made in the report of the Lekhpal inter alia that he has not possessed any land of the Gaon Sabha; he has constructed his house on plot No. 654 since the time of his ancestors and before the U. P. Zamindari Abolition and Land Reforms Act ; that the land of old abadi is never vested with the Gaon Sabha and the chabutra constructed in front of his house is on the land of old abadi which is his land; that an old neem tree is situated on the aforesaid plot around which the chabutra exists for the last 50 years, hence the disputed land is not the land of the Gaon Sabha; and on account of enmity with Jagjit and Kailash Chand etc. notice was issued to the petitioner and this has been filed against the petitioner on the basis of the aforesaid notice, hence the notice is liable to be rejected. Upon hearing the parties the Court below vide order dated 30.6.1992 directed that petitioner be dispossessed from the land in suit and awarded damages to the tune of Rs. 250 per annum. It further directed that in case the petitioner has not delivered the possession of the suit land to the Gaon Sabha within a period of one month from the date of the order, he will pay 1/8th amount of Rs. 250, i.e., Rs. 31.25 paise per month as damages to the Gaon Sabha.;