Sudhir Narain, J. - (1.) This writ petition arises out of proceedings taken against the petitioners for eviction from the disputed land under Section 122-B of U.P. Zamindari Abolition and Land Reforms Act.
(2.) Respondent No. 1 issued notice to the petitioners in Z.A. form 49 under Rule 115 of U.P. Zamindari Abolition and Land Reforms Rules indicating that the petitioner had taken illegal possession with effect from 1390-F over plot No. 45 area 4 biswa and plot No. 65 area 1 bigha 5 biswa causing damages of Rs. 5,150/-. The petitioners filed objection alleging that over plot No. 45 the ancestral house of the petitioners was existing and there were two Mahuwa, 20 Mango, one Neem and two Awanla trees existing which were planted by their ancestors. The house was existing for more than 70 years. As regards plot No. 65, it was stated that there is tank on the spot and the petitioners were not in its possession. On behalf of the Gaon Sabha and the State Khatauni for 1394 to 1399-F was filed in which the name of the petitioners was recorded in class-4 since 1390-F. They also filed Khasra for 1394-F also. Mohammad Kadir, lekhpal appeared as witness. He proved the entries in the revenue records. He stated that the petitioner have illegally encroached upon plot No. 45 and on a portion of it there is Rasta. Plot No. 65 was shown to be vacant land and during the rainy season it remains filled with water. The Assistant Collector, respondent No. 2, found that the petitioners have illegally encroached upon the land in dispute and directed for their ejectment and passed an order for their eviction and also imposed the damages to the extent of Rs. 5,150/-. The petitioners preferred a revision before the Collector, Allahabad. Respondent No. 1 has dismissed the revision by his impugned order dated 11.3.1998.
(3.) I have heard Sri Radhey Shyam, learned counsel for the petitioners.;