Tarun Agarwala, J. - (1.) Heard Sri G.N. Verma, the learned Senior counsel, assisted by Sri Ajai Kumar for the petitioner, Sri Vishnu Sahai for the Nagar Palika and the learned Standing Counsel for the remaining respondents. No one appears for the Gaon Sabha.
(2.) The proceedings for ejectment under Section 122-B of the U.P. Z.A. & L.R. Act was initiated against the petitioner for ejectment and for recovery of damages from plot No. 294 having an area of 0.04 acres. It transpires that the Lekhpal submitted a report alleging that the plot is recorded as a Khaliyan in the revenue records and that the petitioner had encroached the said land by constructing 8 shops. The petitioner objected and submitted that the land was never used as a Khaliyan and the report of the Lekhpal to this extent was incorrect. The construction was made before the abolition of the Zamindari system and that the Nagar Palika had itself taken one shop on rent and was using it as on Octroi Post and was paying the rent since 1953. The petitioner, further stated that in the year 1967 permission was obtained from the Collector to reconstruct the shops and that the possession of the petitioner could be verified from the entries made in the Khatauni of 1390 Fasli to 1395 Fasli. It was also alleged that the petitioners are paying house tax to the Nagar Palika and that there is a report of the Sanitary Inspector indicating the existence of a latrine on the land in question. The petitioner further contended that permission was again sanctioned by the Nagar Palika to reconstruct the shop in 1983 and consequently, the proceedings initiated under Section 122- B was ex facie illegal.
(3.) It has also come on the record that the Executive Officer of the Nagar Palika, by an order dated 20.3.1985, cancelled the permission granted to the petitioner for the reconstruction of the shop on the ground that the land was situated in the Gaon Sabha and that no permission could be sanctioned. Based on this order, the Lekhpal submitted its report and thereafter proceedings under Section 122-B of the Act was initiated.;